This agreement is
entered into between the School Committee of the City of Gardner (hereinafter
referred to as the "COMMITTEE") and the Gardner Education Association
(hereinafter referred to as the "ASSOCIATION").

Preamble

Recognizing that
our prime purpose is to provide education of the highest possible quality for
the children of Gardner, and that good morale within the teaching staff of
Gardner is essential to achievement of the purpose; we, the undersigned parties
to this Agreement, declare that:

A. The
Superintendent of the Gardner Public Schools (hereinafter referred to as the
Superintendent) has responsibility for carrying out the policies established by
the COMMITTEE.

B. The
administrators of the Gardner Public Schools have responsibility for supporting
the policies established by the COMMITTEE and those recommended by the
Superintendent. They shall provide guidance and a sense of direction for the
teaching staff and encouragement of a climate conducive to excellent
performance.

C. The
educational staff of the Gardner Public Schools has the responsibility for
providing supervision and education of the highest possible quality.

D. Fulfillment
of these respective responsibilities can be facilitated and supported by
consultations and free exchange of views and information among the COMMITTEE,
the Superintendent, the Administration, and the teaching staff in the
formulation and the application of the policies relating to wages, hours, and
other conditions of employment for the teaching staff, keeping all
communications in a two-way channel between the COMMITTEE and the educational
staff.

Article I  Scope

Section 1  Scope

A. The
Agreement includes all of the agreements reached by the parties respecting
matters pertaining to wages, hours, and other conditions of employment of
employees covered by this Agreement; however, any matter not mentioned in this
Agreement, or any matter mentioned in this Agreement for which specific
directions are not set forth herein or which is not specifically delegated to
the Unit A employees or the Arbitrator, shall be reserved for the decision by
the COMMITTEE or the Superintendent, as the case may be in their sole
discretion, and in the exercise of such discretion they shall not be subject to
the Grievance and Arbitration procedures provided in this Agreement.

B. If any
provision of this Agreement, or any application of this Agreement to any employees
covered by the terms of this Agreement, shall be found contrary to law, such
provision or application shall have effect only to the extent permitted by law,
but all other provisions or applications of this Agreement shall continue in
full force and effect.

C. The parties
further recognize and agree that, except as otherwise specifically provided by
this Agreement, the COMMITTEE continues to retain, whether exercised or not,
the right to exercise, in its sole discretion, the duties, powers, responsibilities,
and rights provided by the laws of Massachusetts, and the applicable rules and
regulations of the administrative agencies issued under such law, in the
control, direction and management of the Gardner Public Schools, and in the
exercise of such powers the discretion of the COMMITTEE shall not be subject to
the Grievance and Arbitration procedures set forth in this Agreement.

Section 2 
Recognition

A. For the
purpose of Collective Bargaining with respect to wages, hours and other conditions
of employment, the negotiation of a Agreement and any questions arising
therefrom, the COMMITTEE recognizes the ASSOCIATION as the exclusive bargaining
agent and representative of the following employees of the COMMITTEE:

1. All teachers

2. All Department
Heads

3. School
Counselors

4. Speech
Pathologist, Occupational Therapist

5. School
Psychologist

6. Early Childhood
Coordinator, Curriculum Coordinators

7. Special
Education Team Chairs/Coordinators

All of which such
employees are designated as "Unit A;" excluding specifically,
however, within said Unit A:

1. The
Superintendent of Schools

2. The Business
Administrator

3. The Assistant
Superintendent

4. Any Principals

5. Any Vice
Principals

6. Any Substitute
Teacher

7. Educational
Support Personnel (ESP)

8. Coaches

9. Athletic
Director

10. Grants
Coordinator

11. Special
Education Director

12. Pupil
Personnel Services Director

13. Dean of
Students

14. and any
employee while employed by the COMMITTEE in any summer programs, and all other
employees of the School Department of the City of Gardner.

B. By the
recognition set forth above, this Agreement shall not bar any or such employees
as are excluded from "Unit A," as set forth herein, from seeking such
separate representation as is permitted by the laws of the Commonwealth of
Massachusetts.

Article II

Section 1 
Salaries

The Salaries of
all persons covered by this Agreement are set forth in Appendix B which is
attached hereto and made a part hereof.

Section 2 
Payment of Salaries

A. Salaries
are paid in twenty-six (26) installments, except as provided for in Article II,
Section 2.B. Teachers shall receive salary due for the months of July and
August in one payment on the last pay period while school is in session.

B. All
persons on the teachers' salary schedule may, at the employees option, be paid
in 22 equal installments during the school year provided the employee has
notified the Superintendent by August 1.

C. Any teacher
required by the building principal or the Superintendent to work more than the
teacher work year shall be compensated on a per diem basis derived from their
base salary.

D. Teachers
who work in the extended school year Special Education summer program will be
paid on a bi-weekly basis.

Section 3 
Payroll Statement

On the first
payroll day of each new school year, the Administration will provide a
statement to all members as to their salary rate, and sick and personal day
balances. When an employee applies for movement on the salary schedule for a
lane change, the employee will be provided an update of his/her progress on the
salary schedule.

Section 4 
Co-Curricular Activities

A. Current
stipends for co-curricular activities which will be paid in total at the end of
the respective activity are listed in Appendix C.

B. A sum of
money will be allotted for co-curricular activities not specifically stated in
the Agreement. Staff members interested in initiating a new activity should
forward their requests to the Superintendent of Schools (or his/her designee)
by May 1, whenever possible, for the next school year.

A committee of
fourtwo from the ASSOCIATION and two from the COMMITTEE will review the
request and make a recommendation to the Superintendent (or his designee).
The decision of the Superintendent will be final.

Section 5 
Inter-school Travel

In arranging
schedules for teachers and supervisors who are assigned to more than one
school, an effort will be made to limit the amount of inter-school travel.
The above said teachers or supervisors who are assigned to more than one school
on a single day will receive a travel stipend of $250.00 per year.

Article III  Teaching Hours and Teaching Load

Section 1  Work
Day

For the applicable
agreement year, the arrival and departure time for classroom teachers shall be
fifteen (15) minutes before and fifteen (15) minutes after the student school
day; provided, however, that the Building Principal as authorized by the
Superintendent upon request of a teacher or group of teachers may waive the
requirement to remain fifteen (15) minutes after the school day for a specific
day or days. It is recognized, however, that the proper performance of their
duties may on occasion, require these persons to work longer than the normal
work day, i.e. for conferences, faculty meetings, department meetings, etc.
Therefore, teachers will remain at school after the fifteen (15) minutes
described above, during one (1) day each calendar week for such periods of time
as is necessary to provide students extra help, to meet with parents or
guardians, concerning the progress of their children or wards.

No teacher shall
be required to work more than a seven and one-quarter (7 1/4) hour day
including fifteen (15) minutes before and fifteen (15) minutes after the
students' school day which will include uninterrupted prep time; provided,
should State law require a longer instructional day, or more days, the teachers
shall work the added time and the parties shall immediately commence impact
bargaining on the issue.

This article does
not purport to cover the arrival and departure time of teachers involved in
special assignments.

Section 2  Other
Personnel

Personnel other
than classroom teachers will work at their assigned tasks for at least the
length of the regular teachers' work day. The exact daily schedule will be
worked out on an individual basis between the Administration and the employee.

Section 3  Work
Year

The current
student school year is the state minimum of 180 days. The work year of
teachers is 184 days. New personnel may be required to attend additional
orientation sessions. Guidance counselors work year is an additional ten (10)
days beyond the teachers work year. The specific ten (10) additional work days
beyond the teachers work year for guidance counselors will be determined at
the discretion of the principal; however, all days worked must be in full-day
increments.

The school day
prior to the December school vacation will be a ½ day and the last day of
school for the school year will be a ½ day.

Section 4 
Meetings

Teachers will be
notified of all group meetings at least forty-eight (48) hours in advance,
except in an emergency.

Section 5  Lunch
Periods

It is the
intention of the COMMITTEE to the extent practicable to give a duty free lunch
period to each teacher. The Administration in its discretion may utilize
teachers during the lunch period on a scheduled basis or in emergencies.
Lunchroom duty will be distributed as equitably as is practicable among
teachers in the same school.

Section 6 
Preparation Periods

Classroom teachers
will make preparations, during which they will not be assigned to any other
duties as follows:

1. Five (5)
preparation periods per week for grades 6 through 12 unless a teacher
volunteers to do otherwise.

2. Elementary
(preK-5) preparation time shall be the first thirty (30) minutes of each 7 ¼
-hour day.

Preparation
time is uninterrupted time during the regular school day for preparing and
correcting classwork, common planning time, or pursuing any educationally valid
activity.

In-service time
is time during the regular school day, when students are not in attendance.
The said time shall be used for programs or educational classes offered by the
COMMITTEE or any other mutually agreed upon agency.

Early release
time is time during the regular school day, when students are released
prior to the regular school lunchtime. These days shall be used for
conferences, staff development, curriculum work, or any other mutually agreed
upon programs.

Section 8 
Directed Study

In order to fully
meet all aspects of state mandated Time and Learning (990 hours) for all
students, it is necessary to more fully implement the following:

1. Each
academic department will develop a packet of exercises/assignments for study
students who do not have an academic assignment (MCAS materials, for an
example).

2. All
students, without exception, will be engaged in academic schoolwork relating to
course content.

3. Students
will be encouraged (directed) to approach study hall teacher and ask specific
questions on academic work.

4. The study
hall teacher, upon his or her discretion, may reassign a student to the library,
computer laboratories, Academic Support Center and or individual teacher (if
available) based upon individual student needs.

Article IV  Class Size

Section 1  Class
Size

The COMMITTEE
recognizes the of excessive class size and, consistent with their
recognition, agrees to make every effort to comply with the standards set forth
below as to class size at the various schools of the Gardner Public Schools.

A. K through 5
 average of 26 per class excluding specialties of music, art, physical
education, special needs students and study halls.

B. 6 through
12  average of 27 per class excluding specialties of music, art and physical
education, special needs students and study halls.

Section 2 
Educational Support Personnel

Educational
Support Personnel will be made available to the schools at the sole discretion
of the COMMITTEE and the Administration.

Section 3 
Kindergarten Class Size

The COMMITTEE will
abide by State Department of Education maximum class size regulations for
Kindergarten.

Article V  Sick Leave Bank

Section 1 
Provisions

The COMMITTEE
shall establish by policy, a Sick Leave Bank for use by the employees covered
by this Agreement. The Sick Leave Bank shall be established to include the
following provisions:

A. Sick Leave
granted by the Sick Leave Bank may only be used for prolonged illness as
determined by the Sick Leave Bank committee. The initial grant may not exceed
thirty (30) days but the applicant may reapply.

B. Sick Leave
which may be granted by the Sick Leave Bank may only be used upon exhaustion of
an eligible employee's accumulated Personal Sick Leave.

C. Sick Leave
which may be granted by the Sick Leave Bank shall be granted only upon a
majority vote of the Sick Leave Bank Committee.

D. The Sick
Leave Bank committee shall consist of the GEA Executive Board. The Vice
President of the ASSOCIATION will be Chairperson and authorized to make reports
on the Sick Leave Bank.

E.
Participation in the Sick Leave Bank shall be on a voluntary basis.

F. One earned
day of an employee's accumulated Sick Leave will be donated by such employee
through the Sick Leave Bank. Upon agreement by the ASSOCIATION and the
COMMITTEE upon recommendation of the Sick Leave Bank Committee, additional days
of an employee's accumulated Sick Leave may be contributed to the Bank.

G. The Sick
Leave Bank shall be open membership for all members of Unit A and the ESP Unit
of the GEA.

H. Each
employee who is eligible to participate in the Sick Leave Bank, and who chooses
not to participate, shall be required to sign a release to the School
Department.

I. Employees
shall be eligible for benefits under the Sick Leave Bank only while employed in
the Gardner Public Schools. Any member who has worked consecutively for three
(3) years and has accumulated a minimum of twenty (20) sick days will be given
the opportunity to join the Sick Bank.

J. Upon
access of the Sick Leave Bank, a report will be given to the Superintendent.

Section 2  Authorization

The COMMITTEE
shall be authorized as part of its policy establishment of the Sick Leave Bank
to make such other rules and regulations as are necessary for the
implementation of the Sick Leave Bank as described in Article V Section 1.

Article VI  Teacher Employment

Section 1  New
Hires

Newly hired
teachers will be placed in a position on the salary scale at the
superintendents discretion but at no time will newly hired teachers be placed
on the salary scale at a rate higher than their years in teaching and their
educational attainment.

Section 2  Credit
for Military, Peace Corps

Full credit not to
exceed two (2) years, for military experience, may be given to a member of the
ASSOCIATION who has spent one year or more in the military service and has
received an honorable discharge. The same consideration may be given for the
Peace Corps experience.

Section 3 
Outside Teaching Experience

Teachers with
previous teaching experience in the Gardner Public Schools will, upon returning
to the school system, be placed on the salary schedule according to the
superintendents discretion. However, at no time will such teachers be placed
on the salary scale at a rate higher than their years in teaching and their
educational attainment.

Article VII  Teacher Assignment

Section 1 
Program Changes

Teachers will be
notified if there is a change in their programs for the coming school year,
including the schools to which they will be assigned, the grades and/or
subjects that they will have, as soon as practicable.

Section 2  Areas
of Competence

In order to assure
that pupils are taught by teachers working within their areas of competence,
teachers will not be assigned, except temporarily for good cause, outside the
scope of their teaching certificates and/or their major or minor fields of
study.

Section 3  Grade
Assignment

To the extent
practicable, changes in grade assignment in the elementary schools and in
subject assignments in the secondary schools will be voluntary.

Section 4  Equal
Opportunity

Teacher assignments
will be made without regard to race, color, sex, religion, national origin or
sexual orientation

Article VIII  Transfers, Reductions in Force and Recall

Section 1 
Transfers

Although the
COMMITTEE and the ASSOCIATION recognize that some transfers of teachers from
one school to another is unavoidable, they also recognize that frequent
transfer of teachers is disruptive of the educational process and interferes
with optimum teacher performance. Therefore, they agree as follows:

A. When a transfer
is necessary, volunteers will be transferred first.

B. When
involuntary transfers are necessary, a teacher's area of competence, major
and/or minor field of study, quality of teaching performance during the normal
school day, and continuous length of service in the Gardner Public Schools will
be considered in determining which teacher is to be transferred.

Teachers being
voluntarily transferred will be transferred only within their area of
certification.

An involuntary
transfer will be made only after a meeting between the teacher involved and the
Superintendent, at which time the teacher will be notified of the reasons for
the transfer. In the event that a teacher objects to the transfer at this
meeting, upon the request of the teacher, the ASSOCIATION will be notified and
the Superintendent will meet with the ASSOCIATION'S representatives to discuss
the transfer.

C. A list of
open positions in other schools will be made available to all teachers being
transferred. Ability shall be the deciding factor in determining who should
be transferred. If ability and all other factors that the ADMINISTRATION may
consider relevant are substantially equal, preference will then be given in the
filling of such positions on the basis of total length of service in the
Gardner Public Schools in this bargaining unit.

D. Notice of
transfer will be given to teachers as soon as practicable and under normal
circumstances not later then June 1st.

E. Exceptions
to the provisions of sections A, B, C, and/or D above may be made only if the
Superintendent determines that it is necessary to do so in the best interest of
the teacher and/or school(s) affected. The ASSOCIATION will be notified of
every instance in which the Superintendent so determines. A disagreement over
whether an exception is justified will be subject to the grievance procedure
and will be initiated at Level Two thereof.

F. Voluntary
transfer. Teachers desiring a transfer will submit a written request to the
Superintendent stating the assignment preferred. Such request must be
submitted between September 1 and June 12 of each year to be considered for the
next school year.

The Superintendent
will acknowledge receipt of the request by June 15 in writing.

G. Before a
teacher is assigned or transferred to a particular school, the principal of the
school in question will be consulted regarding said assignment or transfer.

Section 2 
Reduction in Force

A. In the
event it becomes necessary for the ADMINISTRATION to reduce the number of
employees in the bargaining unit because of financial limitations, decrease in
pupil enrollment, changes in curriculum, or reorganization, the procedures set
forth in the Article will govern the layoff and recall of employees who are
affected by such reduction.

B. For
teachers with less than three (3) years of experience, notification of layoff
shall take place no later than June 15 of the year prior to the start of the
school year in which the reduction will take place.

C. No teacher
with professional status shall be laid off if there is a non-professional
status teacher whose position such teacher with professional status is
qualified to fill.

Qualified shall
mean certified by the Department of Education.

D. Layoff of
employees with professional status due to reduction in force will be based on
the employee's seniority and certification. Professional status employees to
be laid off due to reduction in force shall be laid off within affected
disciplines in inverse order of seniority. Professional status teachers who
have been reached for reduction in force may bump the least senior teacher who
holds a position for which the senior teacher is certified.

Discipline shall
mean area of certification.

E.
Seniority. Whenever it is referred to in this Agreement, seniority is defined
as an employee's length of continuous service in years, months, and days from
the date an employee begins employment in a position covered by the bargaining
unit. In the event an employee has resigned and has been reappointed,
seniority shall be counted from the dates of the most recent return to
employment in the bargaining unit. Employees shall be credited for seniority
purposes with all time spent on paid authorized leaves of absence provided for
in this Agreement. Authorized unpaid leaves of absence shall not interrupt
continuous service for purposes of defining seniority, but time of such leaves
will not count toward seniority.

In cases involving
identical seniority, a name lottery shall be held. Order of seniority shall
be the order drawn. (The first drawn is the most senior.) The lottery shall
be conducted jointly by the ASSOCIATION and ADMINISTRATION. Members of the
bargaining unit may be present at such a lottery.

The seniority list
will be updated an provided to the bargaining unit members electronically
annually by October 15th. Upon receipt, members will notify management of
corrections they believe should be made. The annual seniority list shall not be
altered after October 15th except to correct an error or add new employees in
the bargaining unit.

F.
Certification. Employees are certified in an area for which they have
official credentials currently on file with the Massachusetts Department of
Education, Bureau of Teacher Certification.

Section 3  Recall

A. Employees
shall be recalled in inverse order of their layoff as to vacancies for which
they are certified. Employees will remain on a recall list for a period of
two (2) years from date of layoff.

B. Employees
who are recalled by the COMMITTEE shall be recalled with professional status
and all benefits they had accumulated at the time of their layoff. Employees
on the recall list shall be entitled to membership in any group health or life
insurance coverage provided to unit members, provided, however, that the member
pays the entire cost of such insurance pursuant to the requirements of the
insurance carrier, and that there shall be no contribution by the COMMITTEE or
City for such employee's insurance. Employees on the recall list status shall
be deemed to be on an unpaid leave of absence.

C. Employees
on the recall list will be given first priority in filling substitute teacher
vacancies if they indicate, in writing, that they desire such employment.

D. When
vacancies occur in the certification area(s) of employees on the recall list,
such employees shall be notified by certified mail at their last address of
record. Failure to respond to the Superintendent with a letter of acceptance
of the offered position within ten (10) calendar days of receipt of such notice
shall be considered a rejection of such offer. It shall be the responsibility
of employees on the recall list to inform the Superintendent, in writing, of
changes of address.

E. Employees
on the recall list shall have priority in filling vacancies as herein before
set forth. No new employees shall be hired to fill such vacancies until all
appropriate employees on the recall list have been offered the vacancy to the
provisions of this Article.

Article IX  Vacancies and Promotions

All vacancies in
promotional positions, vacancies not filled by transfers, recall, or by death,
retirement, discharge, resignation, or by the creation of a new position, shall
be filled pursuant to the following procedures.

1. Such
vacancies which occur during the school year shall be adequately publicized by
the Superintendent electronically to bargaining unit e-mail addresses provided
by the district as far in advance of the appointment as possible, at least for
a period of ten (10) days prior to the appointment.

2.
Qualifications for the position, its duties, and its rate of compensation will
be clearly set forth.

3. Teachers
who desire to apply for such vacancies shall file their applications in writing
with the appropriate hiring authority within the time limit specified by the
notice.

4. Candidates
from both within and without the school system shall be equally eligible to
fill the vacancies.

5.
Appointment to such positions shall be on the basis of ability and shall be
approved by the Superintendent upon the recommendation of the appropriate
hiring authority. The appropriate hiring authority agrees to give due weight to
the professional background and attainments of all applicants, the length of
time each has been in the school system, and any other relevant factors. If
ability and all other factors that the appropriate hiring authority may
consider relevant are substantially equal, preference will then be given in the
filling of such positions on the basis of total length of service in the
Gardner Public Schools. Appointments will be made without regard to race,
color, sex, religion, national origin or sexual orientation.

6. Positions
for summer jobs will be posted and applicants will be selected in the same
manner as set forth in Paragraph 5 above.

Article X  Teacher Evaluation

Section 1  See
Appendix A

Section 2 
Reviewing Personnel File

Teachers will have
the right to review the contents of their personnel file upon request. Teachers
will be entitled to have a representative of the ASSOCIATION accompanying them
during such review.

No material
derogatory to a teachers conduct, service, character, or personality will be
placed in a personnel file unless the teacher has had an opportunity to review
the material. The teacher will acknowledge that he or she has had the
opportunity to review such material by affixing his or her signature to the
copy to be filed with the express understanding that such signature in no way
indicated agreement with the contents thereof. The teacher will also have the
right to submit a written answer to derogatory material, and that such answer
shall be reviewed by the Superintendent and attached to the file copy.

Section 3 
Evaluation Requirement

The Superintendent
shall cause the evaluation of all employees in the Gardner Public Schools.

Section 4 
Employer Responsibility

The ASSOCIATION
recognizes the authority and responsibility of the employer, the
Superintendent, and the Principals in the maintenance of professional standards
of performance and conduct.

No teacher with
professional status will be discharged, disciplined, reprimanded or reduced in
rank or compensation, or deprived of any professional advantage except for
inefficiency, incapacity, conduct unbecoming a teacher, insubordination or
other just cause. The non-professional status teacher, after ninety (90) days
of employment, and during his or her agreement year, shall not be discharged.

Employment of a
teacher with non-professional status, or the renewal of such appointment, or
the appointment of such non-professional status teacher to professional status,
shall be at the sole discretion of the Superintendent and shall not be subject
to the Grievance and Arbitration Procedure of this Agreement.

Article XI  Use of School Facilities

Section 1  School
Buildings

To the extent
permitted others, the ASSOCIATION will have the right to use school buildings
without paying user fees at reasonable times for meetings. The principal at
the building in question will be notified in advance of the time of all such
meetings.

Section 2 
Athletic Facilities

Employees covered
by this Agreement will have the right to use the athletic facilities and
equipment of the schools without cost at least one (1) evening each week. The
schedule and other related matters will be arranged in advance with the
Superintendent of Schools.

Section 3 
Bulletin Boards

There will be one
(1) bulletin board in each school building which will be placed in the faculty
lounge, for the purpose of displaying notices, circulars, and other ASSOCIATION
material. Copies of all such material will be given to the building
principal, but his advance approval will not be required.

Article XII  Leaves of Absence

Section 1 Sick
Leave

Teachers may be
granted sick leave to the extent of their unused, earned, accumulated sick
leave under the following terms and conditions:

A. For the
first ninety (90) days of a teacher's employment, one and one half (1½) days of
sick leave per month shall be earned to a maximum of fifteen (15) sick days per
year. All other employees covered by this Agreement shall be credited with
fifteen (15) sick leave days on the first official day of the said school year
whether or not they report for duty on that date.

B. Sick leave
may be accumulated by any employee for an unlimited number of days.

C. In the
event of the absence of a teacher due to sickness or injury in excess of five
(5) days (consecutive working days) or in excess of eight (8) working days
during any school year, the Principal or the Superintendent, may require a
Doctor's certificate at the employee's expense for any absence for which an
employee seeks to use his or her accumulated sick leave. If the
Superintendent has some rational basis for questioning the physical condition
of an employee the Superintendent may, at his/her sole discretion, require an
examination of the employee by a physician, other than the employee's attending
physician, which physician shall be mutually agreed to by the parties and which
the examination shall be at the expense of the COMMITTEE. In the event the
parties cannot agree on a physician, either party may submit the choice of a
decision to arbitration.

D. Sick leave
may be used in case of illness of immediate family members. These days will be
deducted from accumulated sick leave but recorded as family illness days.

E. Sick
Leave Buy Back. Upon retirement1 or death, each teacher with
accumulated sick leave shall be granted pay for such accumulation not to exceed
fifty (50) days pay and an additional fifty percent (50%) of the daily rate for
accumulated days over and above the first fifty (50) days not to exceed a total
of one hundred thirty (130) days pay. Notice of Retirement shall be given no
later than December 31 of the preceding retirement year; with proper notice,
payment will be made no later than the first pay period in the next fiscal
year. A days pay and daily rate are defined as an individuals annual salary
schedule salary, without longevity, divided by the number of days in the
individuals work year.

1 It is
understood by the parties to this agreement that the term retirement as
used in this paragraph shall mean either termination of employment after
fifteen (15) years of service to the Gardner Public Schools or termination of
employment with the Gardner Public Schools upon reaching the age of sixty (60)
years.

The Sick Leave Buy
Back Plan is grandfathered for all teachers hired before December 31, 1993. The
Sick Leave Buy Back Plan is not applicable to teachers employed in the Gardner
Public Schools after December 31, 1993.

F. Stay
Well Buy Back. All teachers hired as of January 1, 1994 will be allowed to
sell back to the school department a maximum of three (3) days per year of
unused sick time from the present school year, for payment in July.

Teachers wishing
to sell back these days shall only be required to notify the Superintendent
once of their intent to buy back three days. If a choice is made to discontinue/change
the stated intent, teachers shall notify the Superintendent in writing.

Teachers who opt
for this plan will be paid in July of each year the dollar amount of three (3)
days. The rate of pay will be based on the base salary of the year the days
were earned.

For the purpose of
this section, days will be whole days.

G. In the
event of an employee being called for jury duty, the school committee will
reimburse up to the full amount of contracted salary less any differential
provided by the judicial system.

Section 2  Other
Temporary Leave of Absence with Pay

Employees shall be
granted a temporary leave of absence with pay under the following
circumstances:

A. Personal
Days. Three (3) days leave of absence, in full day increments, for religious,
personal, legal, business, household or family matters which require absences
during school hours, provided, except in the case of an emergency, that written
notification to the building principal has been given by the employee no less
than two business days before such leave is to take place. In case of an
emergency, the building principal at his/her sole discretion may waive the
notification requirement. Personal days shall be granted in full-day
increments. The personal day notification form shall be updated and attached
to this Agreement. Any teacher who does not use all three (3) personal days
in any given school year will have any unused days converted to available sick
days which may be carried forward to the next year.

B. Time necessary
for up to eight (8) people days during any school year for attendance at
Massachusetts Teachers' Association and National Education Association
meetings.

C. Any time
necessary for an appearance by a teacher in a legal proceeding arising out of the
teacher's employment in the Gardner Public Schools.

D. Persons
called into temporary active duty of any unit of the US Reserves or the State
National Guard, provided such obligation cannot be fulfilled on days when
school is not in session. Teachers will be paid the difference between their
regular pay and the pay which they receive from the State or Federal
Government. Employees shall be guaranteed such rights as are provided to them
concerning "Leaves of Absence for Military Service" as set forth in
Chapter 70B of the Acts of 1941 of the Commonwealth of Massachusetts as amended
from time to time.

E. Up to five
(5) days at any one time may be granted to the employee in the event of death
in the teacher's immediate family. Immediate family is defined as spouse,
children, siblings, parents, grandparents, and comparable in-laws, and
significant others. Other relationships may be considered as immediate family
at the discretion of the building principal. However, disapproval of
bereavement leave is not subject to the grievance procedures as written in this
Agreement.

Time may also be
allowed at the discretion of the building principal for death of close friends
or relatives not in the immediate family. The employee will consider such time
taken as a use of a personal day.

F. Sabbatical
Leaves. Upon recommendation by the Superintendent, sabbatical leaves will be
granted for study or travel to a member of the teaching staff by the COMMITTEE
subject to the following conditions:

1. No more
then three (3) members of the teaching staff will be absent on sabbatical leave
at any one time.

2. The
teacher has completed at least five (5) consecutive full school years of
service in the Gardner Public Schools.

3. Requests
for sabbatical leave must be received by the Superintendent in writing in such
form as may be required by the Superintendent no later than November 10 of the
year prior to the school year the leave is requested. Sabbatical leaves are
subject to budget constraints.

4. Teachers
on sabbatical leave will be paid full salary for a half year or half salary for
a full year.

5. The
teacher will agree to return to employment in the Gardner Public Schools for
one (1) full year in the event of a semester's leave or two (2) full years in
the event of a full year's leave.

Section 3  Leave
of Absence without Pay

A. The
Superintendent in his or her discretion may grant an employee a leave of
absence without pay for any purpose it deems appropriate.

A teacher on said
leave of absence shall notify the Superintendent by certified mail return
receipt requested, on or before February 1 of the year they wish to return of
his or her intention to return to the Gardner Public Schools. Any teacher
taking part in this leave will return with full rights, privileges, benefits
and salaries provided for under the Agreement, except that they shall return
with only the same number of years seniority and the same areas of
certification as existed at the time the leave of absence was taken. Teachers
on this leave may participate in the offered health or dental programs if they assume
the responsibilities of their payments. Any request for an extension or a
renewal of a leave of absence without pay must be applied for and granted in
writing.

B. Maternity
Leave

A teacher who so
desires a leave of absence for the purpose of child bearing shall inform the
principal and superintendent in writing at least three (3) months prior to the
date said leave is about to commence.

1. Maternity
leave is a leave of absence without pay unless the teacher provides the
superintendent with a note from her physician indicating that she is physically
unable to perform the duties of her position. In this event the teacher may
use accumulated personal and sick days until the physician indicates she is
able to return to work.

2. The
teacher may return to work as soon as she desires after the delivery of the
child providing her physician approves the return. Teachers desiring
additional leave after the physician certifies her able to return shall be on
unpaid leave and the leave will be subject to the rules and regulations in
Section 3A above (Leave of Absence without pay).

4. All
maternity leave will follow procedures outlined by the City of Gardner (see
attached City of Gardner Maternity Leave Form).

C.
Adoption/Child Rearing Leave

A teacher who
adopts a child or requests a child rearing leave shall be granted a leave
without pay subject to the rules and regulations in Article 1 above (Leave of
Absence without Pay).

D. The City of
Gardner Family and Medical Leave procedures will be followed for leaves taken
under the Family and Medical Leave Act.

Article XIII  Professional Development and

Educational Improvement

Section 1 
Expenses

The COMMITTEE will
pay the reasonable expenses (including fees, meals, lodging and/or
transportation) incurred by teachers who attend workshops, seminars,
conferences, or other professional improvement sessions at the request and/or
with advance approval in writing of the Superintendent.

Section 2  Credit
for Projects

The ASSOCIATION
Professional Development Committee will meet with the superintendent to
formulate professional development opportunities for teachers that benefit the
educational goals of the Gardner Public Schools.

Section 3  Credit
for Courses

Employees shall
receive credit for a maximum of two (2) post-graduate courses per semester
earned at an accredited degree granting college or university during the school
year.

An employee taking
undergraduate courses during a school year may be granted credit at the
discretion of the Superintendent or designee which discretion shall not be
subject to the Grievance and Arbitration Procedures of this Agreement.

Any post-graduate
credits earned by an employee during the summer under this Agreement at an
accredited degree granting college or university shall be recognized. Credits
earned by an employee under this Agreement during the summer for undergraduate
courses shall be recognized for movement on the salary schedule only to the
extent that such courses had been approved in advance by the Superintendent or
designee.

Graduate credits
earned after the Bachelors degree (provided they are not required or
prerequisite courses in the Masters Program) will be compensated at the
Masters level upon the successful completion of the Masters Program.

For salary
purposes, educators who earned their Masters Degree before the 1996-1997
school year will not qualify. This agreement is effective August 25, 1996.

Movement on the
salary schedule will only occur twice per school year: in September and in
January. All documentation for movement on the salary schedule must be
submitted to the payroll office no later than September 30 or January 31.
There is a one-year limit for submission of courses in order to receive credit
for movement on the salary schedule (one year from the time the course was
completed).

Section 4 
In-service Courses

The COMMITTEE
agrees to provide at lease one (1) in-service course during every five (5)
years. Each such course may grant three (3) college level credits. A
minimum of fifteen (15) teachers must participate before the course will be
provided.

Professional
Development Points (PDPs) or in-service credit, at the teachers discretion,
will be granted for NEASC work and NAEYC work.

Article XIV  Safe Workplace

Teachers will
immediately report all cases of assault suffered by them in connection with
their employment to the building principal and then to the Superintendent in
writing.

This report will
be forwarded to the COMMITTEE which will comply with a reasonable request from
the teacher for information in its possession relating to the incident or the
persons involved. The superintendent will act in appropriate ways as liaison
among the teacher, the police, and the courts.

Administration
shall meet with the employee assaulted within 10 days after the investigation
has concluded to communicate his/her findings.

Article XV  Personal Injury Benefits

Section 1 
Absence as a Result of Injury

Whenever a teacher
is absent from school as a result of an injury arising out of or in the course
of employment, and has not been retired, the teacher shall be eligible to file
a claim for workers compensation benefits. A teacher who is absent from
school as a result of such injury and subsequently becomes eligible for
workers compensation benefits may use accumulated sick leave to cover the difference
between the teachers full salary and any workers compensation award made for
lost income resulting from said injury for the period of such absence and until
any previously accumulated sick leave is exhausted. The teacher will be
charged 1/3 of a sick day from the teachers accumulated sick leave. The
exhaustion of accumulated sick leave available to such teacher shall not in any
way impair the teachers eligibility for continued benefits from any workers
compensation program and or award. This provision is to be limited to the
extent that the COMMITTEE is required to pay for an additional period of time
pursuant to the Workers Compensation Law less the amount of money due to the
COMMITTEE as reimbursement under this Agreement.

Section 2  Medical,
Surgical, Hospital Reimbursement

The COMMITTEE
shall reimburse a teacher for the full cost of medical, surgical, or hospital
services (less the amount of any insurance reimbursement) incurred as the
result of any injury sustained in the course of employment. This provision is
to be limited to a maximum of three years from the date of injury, except to
the extent that the COMMITTEE is required to pay for an additional period of
time pursuant to the Worker's Compensation Law (less the amount of reimbursement
due to the COMMITTEE under the terms of this Agreement).

Section 3 
Property Reimbursement Claims

The COMMITTEE will
reimburse a teacher for any clothing or other personal property damaged or
destroyed in the course of his employment due to assault and battery, faulty
equipment, or vandalism up to seventy-five dollars ($75.00), and provided said
teacher is not covered by private insurance and subrogated his or her rights of
legal redress to the COMMITTEE.

Section 4  Other
Reimbursement

An employee shall
be required to make a claim for reimbursements for such injuries as he or she
may suffer to the insurance carrier of the COMMITTEE as a result of any absence
covered by Sections 1 and 2 of this Article. This employee shall pay to the
COMMITTEE any settlement received for such claim for such Section through the
School Department. If the claim is denied by the carrier, the COMMITTEE shall
deduct such payments from the employee's accumulated sick leave to the extent
of such accumulation or from his salary. If the employee for any reason
refused to pay over such payment as he shall have received from the insurance
carrier arising out of the absences described in Sections 1 and 2 of this
Article, the COMMITTEE may at its discretion deduct payments due to it from the
employee's salary. Failure to make such payments shall also be cause for the
discharge or disciplinary action at the sole discretion of the COMMITTEE and
the exercise of their discretion under this paragraph, they shall not be
subject to the Grievance and Arbitration Procedures of this Agreement.

Article XVI  Health and Life Insurance

Section 1 
Insurance Premiums

The COMMITTEE
agrees to pay seventy-five percent (75%) of the premiums of health/dental and
life insurance that is offered by action of the City except as follows. The
COMMITTEE agrees to pay fifty percent (50%) for the most expensive health
insurance plan, the Massachusetts Blue Cross Blue Shield Blue Choice Plan.

Section 2  Health
Insurance

Each teacher, if
he or she chooses to, will be covered under the provisions of the

Massachusetts Blue
Cross Blue Shield Blue Choice Plan or any health insurance as offered to other
city employees.

Section 3 
Annuity

Teachers will be
eligible to participate in a "tax sheltered" annuity plan and/or
deferred compensation plan.

Section 4 
Insurance Claims

Any claim pursuant
to the health/dental or life insurance policies given by the COMMITTEE to the
teachers shall not be subject to the Grievance and Arbitration Procedures set
forth in this Agreement, but are limited to the remedies provided by such
insurance policies.

Section 5  Other
Insurance Benefits

Members of the
ASSOCIATION shall be entitled to any additional health or life insurance
benefits that the police, fire, public works or City Hall employees of Gardner
might receive during the period of this Agreement.

Article XVII  Dues Deduction and Agency Fee

The COMMITTEE
agrees to deduct from the salaries of its employees dues payable to the
ASSOCIATION to the extent that teachers individually and voluntarily authorize
the COMMITTEE to deduct and to transmit said monies. Teachers' authorizations
will be in writing.

All employees
covered by this Agreement, who do not pay ASSOCIATION dues, shall be required
as a condition of employment, to make payment on or after the 30th day
following the beginning of their employment, or thirty (30) days following the
date of execution of this Agreement, whichever is later, an Agency Service Fee
to the ASSOCIATION. Such Agency Service Fee shall be in an amount equal to
seventy-five (75%) percent of the ASSOCIATION dues. At the election of the
employee, the Agency Service Fee may be deducted from his or her wages in
accordance with the provisions of Chapter 180 of the General Laws as amended
upon presentation to the City of a signed authorization. If the teacher does
not authorize the City to make a weekly payroll deduction as provided herein
for dues or Agency Service Fees, he or she shall pay such dues or Agency
Service Fee directly to the ASSOCIATION. Dues deducted in accordance with
the authorization cards shall be in the amount of dues in existence at the time
of the deduction as certified to the Treasurer of the City by the ASSOCIATION.

Article XVIII  Grievance and Arbitration Procedures

Section 1 
Definition

A grievance is a
dispute concerning the interpretation, meaning, or application of this
Agreement or any amendment or supplement thereto, except such disputes
concerning such matters which are specifically excluded from the Grievance and
Arbitration Procedures of other paragraphs of this Agreement.

Section 2  Time
Limits

The time limits
indicated hereunder will be considered maximum unless extended by mutual
agreement in writing. Days will mean business day(s).

Section 3  Procedure

A teacher with a
grievance will first discuss it with his or her principal or immediate
superior, either directly or through the ASSOCIATION'S School Representative,
with the objective of resolving the matter informally.

Level 1

If the matter is
not resolved through the informal discussion referred to above, the teacher
with a grievance will discuss it at a meeting with his or her principal or
immediate supervisor, either directly or through the Associations School
Representative, upon presentation of a Level 1 written grievance. The
principal or immediate supervisor will respond to the grievance within ten (10)
business days of the Level 1 meeting.

Level 2

A. If the
Grievance is not settled within ten (10) business days after presentation at
Level 1, the aggrieved teacher or the ASSOCIATION may within five (5) business
days thereafter refer it in writing to the Superintendent. There shall be a
meeting with the ASSOCIATION and the Superintendent within fourteen (14)
business days following the presentation of the written grievance at Level 2. A
representative of the Massachusetts Teachers Association may be present at this
meeting. The Superintendent will respond to the grievance within ten (10)
business days of the Level 2 meeting.

B. If the
Grievance is not received by the Superintendent within thirty (30) business
days after the aggrieved party know or should have known of the act or
condition on which the Grievance is based, the Grievance will be considered as
waived. An alleged waiver will be subject to arbitration pursuant to Level 4.

Level 3

If the Grievance
is not settled at Level 3 and if the ASSOCIATION determines the Grievance
alleges a violation by the school district of any of the provisions of this
Agreement it may, within thirty (30) business days after written reference to
the Superintendent refer to arbitration as hereinafter provided.

Section 4 
Submission to Arbitration

Any Grievance
which alleges a violation by the school district of one or more provisions of
this Agreement and which has not been settled under the procedure set forth
herein may be submitted by either party to an Arbitrator mutually agreed to by
the parties, or to the American Arbitration Association or Labor Relations
Commission within the time prescribed. The parties will be bound by the rules
and procedures of the American Arbitration Association in the selection of an
Arbitrator, if they cannot mutually agree upon an Arbitrator.

Section 5 
Decision of Arbitrator

The Arbitrator so
selected will confer with representatives of the COMMITTEE and the ASSOCIATION
and hold hearings promptly and will issue a decision, award, and reasons
therefore not later than twenty (20) business days from the date of the close
of the hearings, or if oral hearings have been waived, than from the date the
final statements and proofs are submitted to him.

The arbitrator
will be without power or authority to make any decision or award which is
violative of the common law or statutory law of the Commonwealth, or requires
the commission of an act prohibited by law, or which violates any of the terms
of this Agreement. The Arbitrator will be without power or authority to render
an award or decision concerning any matter which has been excluded from the
Grievance and Arbitration procedures of this Agreement.

The decision of
the Arbitrator will be final and binding except for review or confirmation as
provided by the provisions of Chapter 150 C of the General Laws of the
Commonwealth of Massachusetts.

Section 6 
Arbitrator Expenses

The costs for the
services of the Arbitrator, including per diem expenses, if any, and the actual
and necessary travel and the Subsistence expenses, will be borne equally by the
COMMITTEE and the ASSOCIATION.

Section 7  Other
Representation

Any Party in
interest may be represented at all stages of the Grievance procedure by a
person of his own choosing, except that he may not be represented by a
representative or an officer of any teacher organization other than the
ASSOCIATION, or the Massachusetts Teachers Association. When a teacher is not
represented by the ASSOCIATION, the ASSOCIATION will have the right to be
present and to state its views at all stages of the Grievance and Arbitration
procedure.

Section 8 
Grievances Affecting a Group or Class of Teachers

If, in the
judgment of the ASSOCIATION, a Grievance affects a group or class of teachers,
the ASSOCIATION may submit such Grievances in writing to the Superintendent
directly and the processing of such Grievance will be commenced at Level 2.
The ASSOCIATION may process such a Grievance through levels of the Grievance
procedure even though the aggrieved person does not wish to do so.

Section 9 
Decisions

Decisions rendered
at Levels 1, 2, and 3 of the Grievance procedure will be in writing setting forth
the decision and reasons therefore and will be transmitted promptly to all
parties in interest and to the president of the ASSOCIATION. Decisions
rendered at Level 4 will be in accordance with the procedures set forth herein.

Section 10 
Grievance Documents and Communications

All documents,
communications and records dealing with the processing of a grievance will be
filed separately from the personnel files of the participants, unless the
individual in question files a written request to the contrary.

Section 11 
Document Preparation

Forms for filing
grievances, serving notices, taking appeals, making reports and
recommendations, and other necessary documents will be jointly prepared by the
Superintendent and the ASSOCIATION and given appropriate distribution so as to
facilitate operation of the Grievance procedure.

Section 12  No
Reprisal

No reprisal of any
kind will be taken by the COMMITTEE or any member of the administration against
any employee covered by this Agreement for participating or failing to
participate in the Grievance or Arbitration Procedures set forth in this
Agreement.

Article XIX  Early Retirement Package

Section 1 
Notification

Members reaching
the age of 53 must notify the COMMITTEE that they will retire at the age of 55.

Section 2 
Notification Waiver

The two-year
notice may be waived by the COMMITTEE under special circumstances.

Section 3  Shared
Savings

The savings will
be shared by the COMMITTEE and the Retiree for three years at a fifty-fifty
percentage (50/50%).

Section 4 
Medical Insurance Responsibility

The retiree is
responsible for medical insurance out of his or her share.

Section 5 
Substitute Teaching Priority

Priority for
substitute work for three years is guaranteed. Member must register with the
Superintendent and complete proper procedures.

Section 6 
COMMITTEE Obligations

The COMMITTEE has
no obligation to replace retirees and savings will be calculated by subtracting
the lowest rate in the same range as the range from which the member retired.

Section 7 
Eligibility

The member must be
eligible for Massachusetts Teachers' Retirement and must have ten (10) years of
service to the Gardner Public Schools.

Article XX  Miscellaneous

Section 1 
Effective Date of Salary Schedules

The Salary
Schedules in this Agreement shall be effective on the date set forth herein.

Section 2  No
Strikes

During the period
of this Agreement, no employee covered by this Agreement shall engage in,
induce, or encourage any strike, work stoppage, slow-down, or withholding of
services by such employees.

Section 3 
Bargaining During the Agreement

Each of the
parties to this Agreement acknowledges that during the Collective Bargaining
process that preceded the execution of this Agreement, they each had free
opportunity to present any and all matters to be raised in the Collective
Bargaining process.

Section 4  Waiver

Failure of either
party to this agreement to exercise its right or obligations hereunder, at any
one time, shall not be deemed waiver of the right of such party to exercise
such rights or obligations in the future.

Section 5 
Amendment to this Agreement

This agreement may
only be amended by a written instrument executed by the duly authorized
representative of both parties thereto.

Section 6 
Discrimination

No teacher shall
be discriminated against in any manner by reason of their membership or
participation, or non-membership or non-participation in the activities of the
Gardner Education Association.

Section 7 
Negotiations and Grievance Sessions

Negotiations and
Grievance sessions will not be held during school hours to the extent this is
practicable. If Negotiations and Grievance sessions are held during a regular
school day, such members of the Gardner Education Association as are required
to attend, will be paid their regular pay during the regular school day.

Section 8 
Severability Clause

If any provisions
of this Agreement or any application of this Agreement to any employee or group
of employees shall be found contrary to law, then such provision or application
shall not be valid except to the extent permitted by law, but all other
provisions or applications will continue in full force and effect.

Section 9 
Non-Teaching Duties

The parties agree
that teachers should not be required to perform the following non-teacher
duties:

1. Collecting
money from students for private enterprises. Although teachers may be
required to collect and transmit the money to be used for educational purposes,
they will not be required to tabulate or account for such money.

2. No
registers.

3. Teachers
in the elementary schools shall not be required to perform the following
duties:

a. Before
school duty

b. Lavatory
Duty

c. Recess
duty except in the case of an emergency as determined by the Superintendent.
The teachers have the right to file a grievance if they do not agree that the
situation constitutes an emergency.

The COMMITTEE
shall make a reasonable endeavor to have the following facilities available in
each school.

1. Space in
each classroom in which teachers may safely store instructional material and
supplies.

2. A teacher
work area containing adequate equipment and supplies to aid in the preparation
of instructional materials.

3. A
serviceable desk and chair for the teacher in each classroom.

4. To the
extent possible, a communication system so that the teachers can communicate
with the Main Building Office from their classroom.

5.
Well-lighted and clean rest room facilities for teachers.

6. A separate
dining area for the exclusive use of teachers.

7. An
adequate portion of the parking lot available at the school for teacher
parking.

Provisions of this
paragraph shall not be subject to the Grievance and Arbitration procedures
provided in this agreement.

Section 11  Grant
Writing

A person writing a
grant will have a letter of commendation placed in his or her file.

Section 12 
Longevity

Effective June
2013, longevity will be paid in accordance with the following schedule:

After 5 years of
service in a role covered by this bargaining unit $250

After 10 years of
service in a role covered by this bargaining unit $750

After 15 years of
service in a role covered by this bargaining unit $1250

After 20 years of
service in a role covered by this bargaining unit $1750

After 25 years of
service in a role covered by this bargaining unit $2250

After 30 years of
service in a role covered by this bargaining unit $2750

After 35 years of
service in a role covered by this bargaining unit $3250

The determination
date to be used is the last day of the school year. A lump sum payment will
be made at the end of the school year. Notice of a teachers longevity
eligibility amount will be given in June along with a copy of the above
longevity amounts listed in the contract.

Section 13  Home
Tutoring Rate

Home tutoring will
be at the rate of fifty dollars ($50.00) per hour.

Section 14 
Mileage Reimbursement

Approved mileage
will be reimbursed at IRS rate.

Section 15 
School Choice

Children of the
members of this collective bargaining unit will be given priority under the
School Choice program to attend Gardner schools in grades 1-12.

Article XXI  Duration

This Agreement and
its provisions shall be effective from July 1, 2012 and shall remain in full
force and effective up to and including June 30, 2015 provided, however, that
either party may, upon or before the first day of February 2015, give written
notice of its desire to modify or terminate this agreement prior to July 2015.

Either party may
terminate this Agreement by such notice as described above any time following
the termination date set forth above by written notice to the other.

IN WITNESS HEREOF,
the parties hereto cause this instrument to be signed and delivered by their
duly authorized representatives on this ________________ day of ______________________
2013.

Voted and approved
by the Gardner School Committee on July 31, 2012, October 9, 2012 and March
11, 2013.

A) The
Gardner School Committee and the Gardner Education Association agree to place
all teachers who are currently in good standing (i.e. not on an improvement
plan) at the Proficient level as of the beginning of this agreement for the
2012-2013 school year.

All teachers who
are currently on an improvement plan will be placed at the Needs Improvement
level as of the beginning of this agreement for the 2012-2013 school year.
These teachers will continue to fulfill the terms and conditions of their
improvement plans for the remainder of the 2012-2013 school year and a
determination of appropriate future placement into the new evaluation system levels
will be made at the end of the 2012-2013 school year.

B) For year
#1 (2012-2013) of the new Educator Evaluation System, those teachers to be
evaluated using the new system will be determined as follows:

Each principal
will determine the number of faculty members to be evaluated in his/her
building. Then each principal will determine the number of non-professional
status teachers (NPTS) included in that number. The NPTS will automatically
be included under the new evaluation system in year one. Principals will then
determine (alphabetically) the additional number of educators with professional
status (PTS) needed to get to a total of ½ of all faculty members in the
building. However, the principal, in determining the number of PST to get to ½
of the faculty, will exclude for 2012-2013 those PST who were evaluated during
the 2011-2012 school year. The final group of NPST and PTS as determined
using this method will comprise the group to be evaluated using the new
evaluation system in year one (2012-2013).

C) Upon
receiving the list of Evaluators assigned to evaluate Educators, an Educator
may, within 10 school days or receipt of the list, request that the Evaluator
be changed. Such request will be given consideration by the Evaluator or
Principal.

D) When
considering growth as a measure of student performance, student attendance will
be part of the metric, as bargained by the parties.

E) When
looking at trends, as defined in this document, at least two years of data will
be utilized for State measures. For local measures, the number of years of
data will be as bargained by the parties.

F)
Whenever possible, Evaluators will conduct repeated observations of an Educator
at different times during the school day.

G) The
parties agree to adopt the DESE developed rubrics and model forms for use in the
evaluation process.

H) Whenever
possible, Evaluators will conduct repeated observations of an Educator at
different times during the school day.

I) The
parties agree to adopt the DESE developed rubrics and model forms for use in the
evaluation process.

J) The
parties agree to review this Evaluation Procedure each year, and the review will
occur by June 1st of each year. The review will include not only language but
the rubrics and forms as well.

1) Purpose of
Educator Evaluation

A) This
contract language is locally negotiated and based on M.G.L., c.71, §38; M.G.L.
c.15OE; the Educator Evaluation regulations, 603 CMR 3 5.00 et seq.; and the
Model System for Educator Evaluation developed and which may be updated from
time to time by the Department of Elementary and Secondary Education. See 603
CMR 35.02 (definition of model system). In the event of a conflict between this
collective bargaining agreement and the governing laws and regulations, the
laws and regulations will prevail.

B) The
regulatory purposes of evaluation are:

i) To promote
student learning, growth, and achievement by providing Educators with feedback
for improvement, enhanced opportunities for professional growth, and clear
structures for accountability, 603 CMR 35.01 (2)(a);

ii) To provide
a record of facts and assessments for personnel decisions, 35.01 (2)(b);

iii) To ensure
that every school committee has a system to enhance the professionalism and
accountability of teachers and administrators that will enable them to assist
all students to perform at high levels, 35.01(3); and

C) Caseload
Educator: Educators who teach or counsel individual or small groups of students
through consultation with the regular classroom teacher, for example, school
nurses, guidance counselors, speech and language pathologists, occupational or
physical therapists, and some reading specialists and special education
teachers.

D)
Classroom teacher: Educators who teach preK-12 whole classes, and teachers of
special subjects as such as art, music, library, and physical education. May
also include special education teachers and reading specialists who teach whole
classes.

E)
Categories of Evidence: Multiple measures of student learning, growth, and
achievement, judgments based on observations and artifacts of professional
practice, including unannounced observations of practice of any durations that
provide feedback to the educator; and additional evidence relevant to one or more
Standards of Effective Teaching Practice (603 CMR 35.03).

F)
*District-determined Measures: Measures of student learning, growth and
achievement related to the Massachusetts Curriculum Frameworks, or other
relevant frameworks that are comparable across grade or subject level
district-wide. These measures may include, but shall not be limited to:
portfolios, approved commercial assessments, and district-developed pre and
post unit and course assessments, and capstone projects.

G) *Educator(s):
Inclusive term that applies to all teachers and caseload educators, unless
otherwise noted.

H) *Educator
Plan: The growth or improvement actions identified as part of each Educator's
evaluation. The type of plan is determined by the Educator's career stage,
overall performance rating, and the rating of impact on student learning,
growth an achievement. There shall be four types of Educator Plans:

i) Developing
Educator Plan shall mean a plan developed by the Educator and the Evaluator for
one school year or less for an Educator without Professional Teacher Status
(PTS, see Ch.71, sec.41 for definition); or, at the discretion of an Evaluator,
for an Educator with PTS in a new assignment. Self-Directed Growth Plan shall
mean a plan developed by the Educator for one or two school years for Educators
with PTS who are rated proficient or exemplary.

ii) Directed
Growth Plan shall mean a plan developed by the Educator and the Evaluator of
one school year or less for Educators with PTS who are rated needs improvement.

iii) Improvement
Plan shall mean a plan developed by the Evaluator of at least 30 school days
and no more than one school year for Educators with PTS who are rated
unsatisfactory with goals specific to improving the Educator's unsatisfactory
performance. In those cases where an Educator is rated unsatisfactory near the
close of a school year, the plan may include activities during the summer
preceding the next school year.

I) *ESE:
The Massachusetts Department of Elementary and Secondary Education.

J)
*Evaluation: The ongoing process of defining goals and identifying, gathering, and
using evidence as part of a process to improve professional performance (the
"formative evaluation" and "formative assessment") and to assess
total job effectiveness and make personnel decisions (the "summative
evaluation").

K)
*Evaluator: Any person designated by a superintendent who has primary or supervisory
responsibility for observation and evaluation. The superintendent is responsible
for ensuring that all Evaluators have training in the principles of supervision
and evaluation. Each Educator will have one primary Evaluator responsible for
determining performance ratings.

i) Primary
Evaluator shall be the person who determines the Educator's performance ratings
and evaluation.

ii) Supervising
Evaluator shall be the person responsible for developing the Educator Plan,
supervising the Educator's progress through formative assessments, evaluating
the Educator's progress toward attaining the Educator Plan goals, and making
recommendations about the evaluation ratings to the primary Principal at the
end of the Educator Plan. The supervising Evaluator may be the primary
Evaluator or his/her designee.

iii) Teaching
Staff Assigned to More Than One Building: Each Educator who is assigned to more
than one building will be evaluated by the appropriate administrator where the
individual is assigned most of the time. The principal of each building in
which the Educator serves must review and sign the evaluation, and may add
written comments. In cases where there is no predominant assignment, the
superintendent will determine who the primary evaluator will be.

iv) Notification:
The Educator shall be notified in writing of his/her primary Evaluator and
supervising Evaluator, if any, at the outset of each new evaluation cycle. The
Evaluator(s) may be changed upon notification in writing to the Educator.

O)
*Formative Assessment: The process used to assess progress toward attaining goals
set forth in Educator plans, performance on standards, or both. This process
may take place at any time(s) during the cycle of evaluation, but typically
takes place at mid-cycle.

P)
*Formative Evaluation: An evaluation conducted at the end of Year 1 for an Educator
on a 2-year Self-Directed Growth plan which is used to arrive at a rating on
progress toward attaining the goals set forth in the Educator Plan, performance
on Standards and Indicators of Effective Teaching Practice, or both.

Q) *Goal: A
specific, actionable, and measurable area of improvement as set forth in an
Educator's plan. A goal may pertain to any or all of the following: Educator
practice in relation to Performance Standards, Educator practice in relation to
indicators, or specified improvement in student learning, growth and
achievement. Goals may be developed by individual Educators, by the Evaluator,
or by teams, departments, or groups of Educators who have the same role.
The term Team shall mean Elementary Grade Level Teams, Specialist Teams,
Middle School Teams, High School Departments, Vertical Teams, Content Area
Teams, or other Teams not specifically defined in this list. The Team working
together will be identified at the time of the goal-setting process.

R)
*Measurable: That which can be classified or estimated in relation to a scale, rubric,
or standards.

S) Multiple
Measures of Student Learning: Measures must include a combination of classroom,
school and district assessments, student growth percentiles on state
assessments, if state assessments are available, and student MEPA gain scores.
This definition may be revised as required by regulations or agreement of the
parties upon issuance of DESE guidance.

T) New
Assignment: An Educator with PTS shall be considered in a new assignment when
teaching under a different license.

U)
*Observation: A data gathering process that includes notes and judgments made
during one or more classroom or worksite visits(s) of any duration by the
Evaluator and may include examination of artifacts of practice, including
student work. Classroom or worksite observations conducted pursuant to this
article must result in feedback to the Educator.

V) Parties:
The Gardner Education Association and the Gardner School Committee are parties
to this agreement.

W)
*Performance Rating: Describes the Educator's performance on each performance
standard and overall. There shall be four performance ratings:

 Exemplary:
the Educator's performance consistently and significantly exceeds the
requirements of a standard or overall. The rating of exemplary on a standard
indicates that practice significantly exceeds proficient and could serve as a
model of practice on that standard district-wide.

 Proficient:
the Educator's performance fully and consistently meets the requirements of a
standard or overall. Proficient practice is understood to be fully
satisfactory.

 Needs
Improvement: the Educator's performance on a standard or overall is below the
requirements of a standard or overall, but is not considered to be
unsatisfactory at this time. Improvement is necessary and expected.


Unsatisfactory: the Educator's performance on a standard or overall has not
significantly improved following a rating of needs improvement, or the
Educator's performance is consistently below the requirements of a standard or
overall and is considered inadequate, or both.

X)
*Performance Standards: Locally developed standards and indicators pursuant to
MGL c. 71, § 38 and consistent with, and supplemental to 603 CMR 35.00. The
parties may agree to limit standards and indicators to those set forth in 603
CMR35.03.

Z) Rating
of Educator Impact on Student Learning: A rating of high, moderate or low based
on trends and patterns on state assessments and district-determined measures.

AA) Rating
of Overall Educator Performance: The Educators overall performance rating is
based on the Evaluators professional judgment and examination of evidence of
the Educators performance against the four Performance Standards and the
Educators attainment of goals set forth in the Educators Plan, as follows:

i) Standard
1: Curriculum, Planning and Assessment

ii) Standard
2: Teaching All Students

iii) Standard
3: Family and Community Engagement

iv) Standard
4: Professional Culture

v) Attainment
of Professional Practice Goal(s)

vi) Attainment
of Student Learning Goal(s)

BB) *Rubric: A
scoring tool that describes characteristics of practice or artifacts at different
levels of performance. The rubrics for Standards and Indicators of Effective
Teaching Practice are used to rate Educators on Performance Standards. The
rubric consists of:

i) Standards:
Describes broad categories of professional practice, including those required
in 603CMR 35.03

ii) Indicators:
Describes aspects of each standard, including those required in 603 CMR 35.03

iii) Elements:
Defines the individual components under each indicator

iv) Descriptors:
Describes practice at four levels of performance for each element

CC) *Summative
Evaluation: An evaluation used to arrive at a rating on each standard, an
overall rating, and as a basis to make personnel decisions. The summative
evaluation includes the Evaluator's judgments of the Educator's performance
against Performance Standards and the Educator's attainment of goals set forth
in the Educator's Plan.

DD)
*Superintendent: The person employed by the school committee pursuant to MGL c.
71 §59 and §59A. The superintendent is responsible for the implementation of
603 CMR 35.00.

EE) *Teacher:
An Educator employed in a position requiring a certificate or license as
described in 603 CMR 7.04(3a, b and d) and in the area of vocational education
as provided in 603 CMR 4.00. Teachers may include, for example, regular
classroom teachers, librarians, guidance counselors, or school nurses.

FF) *Trends
in student learning: At least two years of data from the district-determined
measures and state assessments used in determining the Educator's rating on
impact on student learning as high, moderate or low.

3) Evidence
Used In Evaluation

The following
categories of evidence shall be used in evaluating each Educator:

i) Measures
of student progress on classroom assessments that are aligned with the
Massachusetts Curriculum Frameworks or other relevant frameworks and are
comparable within grades or subjects in a school;

ii) At least
two district-determined measures of student learning related to the
Massachusetts Curriculum Frameworks or other relevant frameworks that are
comparable across grades and/or subjects district-wide. These measures may
include: portfolios, approved commercial assessments and district-developed
pre and post unit and course assessments, and capstone projects. One such
measure shall be the MCAS Student Growth Percentile (SGP) or Massachusetts
English Proficiency Assessment gain scores, if applicable, in which case at
least two years of data are required.

iii) Measures of
student progress and/or achievement toward student learning goals set between
the Educator and Evaluator for the school year or some other period of time
established in the Educator Plan.

iv) For Educators
whose primary role is not as a classroom teacher, the appropriate measures of
the Educator's contribution to student learning, growth, and achievement set by
the district as bargained by the parties. The measures should be based on the
Educator's role and responsibility.

B)
Judgments based on observations and artifacts of practice including:

i)
Unannounced observations of practice of any duration.

ii) Announced
observation(s) for non-PTS Educators in their first year of practice in a
school, Educators on Improvement Plans, and as determined by the Evaluator.

iii) Examination
of Educator work products.

iv) Examination of
student work samples.

C) Evidence
relevant to one or more Performance Standards, including but not limited to:

i) Evidence
compiled and presented by the Educator, including:

(a) Evidence of
fulfillment of professional responsibilities and growth such as
self-assessments, peer collaboration, professional development linked to goals
in the Educator plans, contributions to the school community and professional
culture;

(b) Evidence of
active outreach to and engagement with families;

ii) Evidence of
progress toward professional practice goal(s);

iii) Evidence of
progress toward student learning outcomes goal(s).

iv) Student and
Staff Feedback (see #23-24 below); and

v) Any other
relevant evidence from any source that the Evaluator shares with the Educator.
Other relevant evidence could include information provided by other administrators
such as the superintendent.

4) Rubric

The rubrics are a
scoring tool used for the Educator's self-assessment, the formative assessment,
the formative evaluation and the summative evaluation. The parties agree to use
the rubrics provided by ESE.

5) Evaluation
Cycle: Training

A) Prior to
the implementation of the new evaluation process contained in this article, the
district shall arrange training for all Educators and Evaluators that outlines
the components of the new evaluation process and provides an explanation of the
evaluation cycle. and, must complete a training workshop arranged by the
district that outlines the components of the new evaluation process and an
explanation of the evaluation cycle. The district through the superintendent
shall determine the type and quality of training based on guidance provided
by the ESE.

B) By
November of the first year of this agreement, all Educators shall complete a
professional learning activity about self-assessment and goal-setting
satisfactory to the superintendent or principal. Any Educator hired after the
November 1st date, and who has not previously completed such an
activity, shall complete such a professional learning activity about
self-assessment and goal-setting within three months of the date of hire. The
district through the superintendent shall determine the type and quality of
the learning activity based on guidance provided by ESE.

C) At the
start of each school year, an overview of the following will be provided: the
evaluation process, including goal setting and educator plans and directions
for obtaining copies of the forms used.

6) Evaluation
Cycle: Orientation

A) Prior to
the start of the evaluation process, the superintendent, principal or designee
shall provide training for Evaluators and Educators on educator evaluation. The
superintendent, principal, or designee shall:

i) Provide an
overview of the evaluation process.

ii) Provide all
Educators with directions for obtaining a copy of the forms used by the
district. These may be electronically provided.

7) Evaluation
Cycle: Self-Assessment

A) Completing the
Self-Assessment

i) The
evaluation cycle begins with the Educator completing and submitting to the
primary or supervising Evaluator a self-assessment by October 31st
or within four weeks of the start of their employment at the school.

ii) The
self-assessment includes:

(a) An analysis
of evidence of student learning, growth and achievement for students under the
Educator's responsibility.

(b) An assessment
and rating of practice against each of the four Performance Standards of
effective practice using the district's rubric.

(c) Proposed
goals to pursue:

(1st) At least one
goal directly related to improving or enhancing the Educator's own professional
practice.

i) Educators
must consider goals for grade-level, subject-area, department teams, or other
groups of Educators who share responsibility for student learning and results,
except as provided in (ii) below. Educators may meet with teams to consider
establishing team goals. Evaluators may participate in such meetings.

ii) For
Educators in their first year of practice or first year in the Gardner Public Schools,
the Evaluator or his/her designee will meet with each Educator within four
weeks from start date as a teacher to assist the Educator in completing the
self-assessment and drafting the professional practice and student learning
goals which must be directly related to induction and mentoring activities.

iii) Unless the
Evaluator indicates that Educators in their second or third years of practice
should continue to address induction and mentoring goals pursuant to 603 CMR
7.12, the Educator may address shared grade level or subject area team goals.

iv) For Educators
with PTS and ratings of proficient or exemplary, the goals may be team goals.
In addition, these Educators may include individual professional practice goals
that address enhancing skills that enable the Educator to share proficient
practices with colleagues or develop leadership skills.

v) For
Educators with PTS and ratings of needs improvement or unsatisfactory, professional
practice goal(s) that must address specific standards and indicators identified
for improvement. In addition, the goals may address shared grade level or
subject area team goals.

8) Evaluation
Cycle: Goal Setting and Development of the Educator Plan

A) Every
Educator has an Educator Plan that includes at least one goal related to the
improvement of practice and one goal for the improvement of student learning.
The Plan also outlines actions the Educator must take to attain the goals
established in the Plan and benchmarks to assess progress.

B) To
determine the goals to be included in the Educator Plan, the Evaluator reviews
the goals the Educator has proposed in the Self-Assessment, using evidence of
Educator performance and impact on student learning, growth and achievement
based on the Educator's self-assessment and other sources that Evaluator shares
with the Educator. The process for determining the Educators impact on student
learning, growth and achievement will be determined after ESE issues guidance
on this matter.

C) Educator
Plan Development Meetings shall be conducted as follows:

i) Educators
must meet with the Evaluator by the end of the previous evaluation cycle or by
October 15th of the next academic year to develop their Educator
Plan.

ii) For those
Educators new to the school, the meeting must occur within six weeks of date of
hire.

iii) The Evaluator
shall meet individually with Educators with PTS and ratings of needs
improvement or unsatisfactory to develop goals.

D) The
Evaluator completes the Educator Plan by November 1st. The
Educator signs the Educator Plan within 5 school days of receipt and may
include a written response. The Evaluator retains final authority over the
content of the Educators Plan.

9) Evaluation
Cycle: Observation of Practice and Examination of Artifacts -Educators without
PTS

A) In the
first year of practice:

i) The Educator
shall have at least one (1) announced observation during the school year using
the protocol described in section 11B, below.

ii) The Educator
shall have at least four (4) unannounced observations during the school year.

B) In their
second and third years of practice or second and third years as a non-PTS
Educator:

i) The
Educator shall have at least three (3) unannounced observations during the
school year.

10) Evaluation
Cycle: Observation of Practice and Examination of Artifacts -Educators with PTS

A) The
Educator whose overall rating is proficient or exemplary must have at least one
unannounced observation during the evaluation cycle. At least one of the
observations will be a minimum of thirty minutes in duration unless an
emergency occurs to prevent this. If an emergency occurs to prevent this, the
Evaluator and Educator must mutually agree that the observation will be fewer
than thirty minutes.

B) The
Educator whose overall rating is needs improvement must be observed according
to the Directed Growth Plan during the period of Plan which must include at
least two unannounced observations.

C) The
Educator whose overall rating is unsatisfactory must be observed according to
the Improvement Plan which must include both unannounced and announced
observation. In no case shall there be fewer than one announced and four
unannounced observations.

11)
Observations

The Evaluators
first observation of the Educator should take place by November 15th.
Observations should be completed by May 15th. The Evaluator is not required
nor expected to review all of the indicators in a rubric during an
observation. The evaluation form will be utilized for all staff members
covered by the collective bargaining agreement. Itinerant staff will be
evaluated by the Evaluator in the building where they spend the greatest
portion of time. However, the Evaluator in any other building where itinerant
staff work will be able to add comments and will also sign the evaluation.

A)
Unannounced Observations

i)
Unannounced observations may be in the form of partial or full-period classroom
visitations. For teachers with PTS, at least one of the observations will be a
minimum of thirty minutes in duration unless an emergency occurs to prevent
this. If an emergency occurs to prevent this, the Evaluator and Educator must
mutually agree that the observation will be fewer than thirty minutes.

ii) The
Educator will be provided with at least brief written feedback from the
Evaluator within 5 school days from the observation.

iii) Any
observation or series of observations resulting in one or more standards judged
to be unsatisfactory or needs improvement for the first time must be followed
by at least one observation of at least thirty minutes in duration within
thirty school days.

B) Announced
Observations

i) All
non-PTS Educators in their first year, PTS Educators on improvement plans and
other educators at the discretion of the Evaluator shall have at least one
Announced Observation.

(a) The Evaluator
shall select the date and time of the lesson or activity to be observed and
will discuss with the Educator any specific goal(s) for the observation.

(b) Within five
(5) school days of the scheduled observation, upon request of either the
Evaluator or Educator, the Evaluator and Educator shall meet for a
pre-observation conference. In lieu of a meeting, the Educator may inform the
Evaluator in writing of the nature of the lesson, the student population
served, and any other information that will assist the Evaluator to assess
performance.

(1st)
The Educator shall provide the Evaluator a draft of the lesson, student
conference, IEP plan or activity. If the actual plan is different, the Educator
will provide the Evaluator with a copy prior to the observation.

(2nd)The
Educator will be notified as soon as possible if the Evaluator will not be able
to attend the scheduled observation. The observation will be rescheduled with
the Educator as soon as reasonably practical.

(c) Within 5
school days of the observation, the Evaluator and Educator shall meet for a
post-observation conference. This timeframe may be extended due to
unavailability of either party.

(d) The Evaluator
shall provide the Educator with written feedback within 5 school days of the
post-observation conference. For any standard where the Educators practice was
found to be unsatisfactory or needs improvement, the feedback must:

(1st)
Describe the basis for the Evaluators judgment.

(2nd)
Describe actions the Educator should take to improve his/her performance.

(3rd)
Identify support and/or resources the Educator may use in his his/her improvement.

(4th)
State that the Educator is responsible for addressing the need for improvement.

12) Evaluation
Cycle: Formative Assessment

A) A
specific purpose for evaluation is to promote student learning, growth and
achievement by providing Educators with feedback for improvement. Evaluators
are expected to make frequent unannounced visits to classrooms and give
targeted constructive feedback to Educators based on their observations of
practice, examination of artifacts, and analysis of multiple measures of
student learning, growth and achievement in relation to the Standards and
Indicators of Effective Teaching Practice.

B)
Formative Assessment may be ongoing throughout the evaluation cycle but
typically takes place mid-cycle when a Formative Assessment report is
completed. For an Educator on a two-year Self-Directed Growth Plan, the
mid-cycle Formative Assessment report is replaced by the Formative Evaluation
report at the end of year one.

C) The
Formative Assessment report provides written feedback and ratings to the
Educator about his/her progress toward attaining the goals set forth in the
Educator Plan, performance on Performance Standards and overall, or both.

D) Within
two weeks prior to the due date for the Formative Assessment report, which due
date shall be established by the Evaluator with written notice to the Educator,
the Educator shall provide to the Evaluator evidence of family outreach and
engagement, fulfillment of professional responsibility and growth, and progress
on attaining professional practice and student learning goals. The Educator may
provide to the Evaluator additional evidence of the Educators performance
relevant to the four Performance Standards.

E) Upon the
request of either the Evaluator or the Educator, the Evaluator and the Educator
will meet either prior to or after completion of the Formative Assessment
Report.

F) The
Evaluator shall complete the Formative Assessment report and provide a copy to
the Educator. All Formative Assessment reports must be signed by the
Evaluator and delivered to the Educator.

G) The
Educator may reply in writing to the Formative Assessment report within 5
school days of receiving the report.

H) The
Educator shall sign the Formative Assessment report within 5 school days of
receiving the report.

I) As a
result of the Formative Assessment report, the Evaluator may change the activities
in the Educator Plan.

J) If the
rating in the Formative Assessment report differs from the last summative
rating the Educator received, the Evaluator may place the Educator on a
different Educator Plan, appropriate to the new rating.

A)
Educators on two-year Self-Directed Growth Educator Plans receive a Formative
Evaluation report near the end of the first year of the two-year cycle. The
Educator's performance rating for that year shall be assumed to be the same as
the previous summative rating unless evidence demonstrates a significant change
in performance in which case the rating on the performance standards may
change, and the Principal may place the Educator on a different Educator plan,
appropriate to the new rating.

B) The
Formative Evaluation report provides written feedback and ratings to the
Educator about his/her progress toward attaining the goals set forth in the
Educator Plan, performance on each performance standard and overall, or both.

C) Within
two weeks prior to the due date for the Formative Evaluation report, which due
date shall be established by the Evaluator with written notice provided to the
Educator, the Educator shall provide to the Evaluator evidence of family
outreach and engagement, fulfillment of professional responsibility and growth,
and progress on attaining professional practice and student learning goals. The
Educator may also provide to the Evaluator additional evidence of the
Educators performance against the four Performance Standards.

D) The
Evaluator shall complete the Formative Evaluation report and provide a copy to
the Educator. All Formative Assessment reports must be signed by the
Evaluator.

E) Upon the
request of either the Evaluator or the Educator, the Evaluator and the Educator
will meet either prior to or after the completion of the Formative Evaluation
Report.

F) The
Educator may reply in writing to the Formative Evaluation report within 5
school days of receiving the report.

G) The
Educator shall sign the Formative Evaluation report within 5 school days of
receiving the report. The signature indicates that the Educator received the
Formative Assessment report. The signature does not indicate agreement or
disagreement with its contents.

H) As a
result of the Formative Evaluation report, the activities in the Educator Plan
may be changed by the Evaluator.

I) If the
rating in the Formative Evaluation report differs from the last summative rating
the Educator received, the Evaluator may place the Educator on a different
Educator Plan, appropriate to the new rating.

14)
Evaluation Cycle: Summative Evaluation

A) The
evaluation cycle concludes with a summative evaluation report. For Educators on
a one or two-year Educator Plan, the summative report must be completed by May
15th.

B) The
Evaluator determines a rating on each standard and an overall rating based on
the Evaluators professional judgment, an examination of evidence against the
Performance Standards and evidence of the attainment of the Educator Plan
goals.

C) The
professional judgment of the Primary Evaluator shall determine the overall
summative rating that the Educator receives.

D) For an
Educator whose overall performance rating is exemplary or proficient and whose
impact on student learning is low, the Evaluators supervisor shall discuss and
review the rating with the Evaluator and the supervisor shall confirm or revise
the Educators rating. In cases where the superintendent serves as the
primary evaluator, the superintendents decision on the rating shall not be
subject to review.

E) The
summative evaluation rating must be based on evidence from multiple categories
of evidence. MCAS Growth scores shall not be the sole basis for a summative
evaluation rating.

F) To be
rated proficient overall, the Educator shall, at a minimum, have been rated
proficient on the Curriculum, Planning and Assessment and the Teaching All
Students Standards of Effective Teaching Practice.

G) Within
two weeks prior to the due date for the Summative Evaluation report, which due
date shall be established by the Evaluator with written notice provided to the
Educator, the Educator will provide to the Evaluator evidence of family
outreach and engagement, fulfillment of professional responsibility and growth,
and progress on attaining professional practice and student learning goals.
The Educator may also provide to the Evaluator additional evidence of the
Educators performance against the four Performance Standards.

H) The
Summative Evaluation report should recognize areas of strength as well as identify
recommendations for professional growth.

I) The
Evaluator shall complete the Summative Evaluation report and provide a copy to
the Educator no later than May 15th.

J) The
Evaluator shall meet with the Educator rated needs improvement or unsatisfactory
to discuss the summative evaluation. The meeting shall occur by June lst.

K) The
Evaluator may meet with the Educator rated proficient or exemplary to discuss
the summative evaluation, if either the Educator or the Evaluator requests such
a meeting. The meeting shall occur by June 10th.

L) Upon
mutual agreement, the Educator and the Evaluator may develop the Self-Directed
Growth Plan for the following two years during the meeting on the Summative
Evaluation report.

M) The
Educator shall sign the final Summative Evaluation report by June l5th. The
signature indicates that the Educator received the Summative Evaluation report
in a timely fashion. The signature does not indicate agreement or disagreement
with its contents.

N) The
Educator shall have the right to respond in writing to the summative evaluation
which shall become part of the final Summative Evaluation report.

O) A copy of
the signed final Summative Evaluation report shall be filed in the Educator's
personnel file.

15) Educator
Plans  General

A) Educator
Plans shall be designed to provide Educators with feedback for improvement,
professional growth, and leadership; and to ensure Educator effectiveness and
overall system accountability.

B) The
Educator Plan shall include, but is not limited to:

i) At least
one goal related to improvement or enhancement of practice tied to one or more
Performance Standards;

ii) At least
one goal for the improvement the learning, growth and achievement of the
students under the Educator's responsibility;

iii) An outline of
actions the Educator must take to attain the goals, including specified
professional development and learning activities that the Educator will
participate in as a means of obtaining the goals, as well as other support that
may be suggested by the Evaluator or provided by the school or district.
Examples may include but are not limited to coursework, self-study, action
research, curriculum development, study groups with peers, and implementing new
programs; and Action plan with benchmarks for goals established in the Plan.

C) It is the
Educator's responsibility to attain the goals in the Plan and to participate in
any trainings and professional development provided through the state,
district, or other providers in accordance with the Educator Plan.

16) Educator
Plans: Developing Educator Plan

A) The
Developing Educator Plan is for all Educators without PTS, and, at the
discretion of the Evaluator, Educators with PTS in new assignment.

B) The
Educator shall be evaluated at least annually.

17) Educator
Plans: Self-Directed Growth Plan

A) A
Two-year Self-Directed Growth Plan is for those Educators with PTS who have an
overall rating of proficient or exemplary, and after 2013-2014 whose impact on
student learning is moderate or high. A formative evaluation report is
completed at the end of year 1 and a summative evaluation report at the end of
year 2.

B) A
One-year Self-Directed Growth Plan is for those Educators with PTS who have an
overall rating of proficient or exemplary, and after 2013-2014 whose impact on
student learning is low. In this case, the Evaluator and Educator shall analyze
the discrepancy between the summative evaluation rating and the rating for
impact on student learning to seek to determine the cause(s) of the
discrepancy.

18) Educator
Plans: Directed Growth Plan

A) A
Directed Growth Plan is for those Educators with PTS whose overall rating is
needs improvement.

B) The
length of the Plan shall be one full school year cycle.

C) The
goals in the Plan must address areas identified as needing improvement as
determined by the Evaluator.

D) The
Evaluator shall complete a summative evaluation for the Educator at the end of
the period determined by the Plan but at least annually, and in no case later
than May 15th. A decision on the Educators status must be made no
later than June 1st of the year in which the Educator is on the
Directed Growth Plan.

E) For an
Educator on a Directed Growth Plan whose overall performance rating is at least
proficient, he/she shall be placed on a Self-Directed Growth plan for the next
evaluation cycle.

F) For an
Educator whose overall performance is not at least proficient, the Evaluator
will rate the Educator as unsatisfactory and will place the Educator on an
Improvement Plan for the next evaluation cycle.

19) Educator
Plans: Improvement Plan

A) An
Improvement Plan is for those Educators with PTS whose overall rating is
unsatisfactory.

B) The
parties agree that in order to provide students with the best instruction, it
may be necessary from time to time to place an Educator whose practice has been
rated as unsatisfactory on an Improvement Plan of no fewer than 30 school days
and no more than one school year. In the case of an Educator receiving a rating
of unsatisfactory near the close of one school year, the Improvement Plan may
include activities that occur during the summer before the next school year
begins.

C) The
Evaluator must complete a summative evaluation for the Educator at the end of
the period determined by the Evaluator for the Plan.

D) An
Educator on an Improvement Plan shall be assigned a Supervising Evaluator (see
definitions). The Supervising Evaluator is responsible for providing the
Educator with guidance and assistance in accessing the resources and
professional development outlined in the Improvement Plan. The primary
Evaluator may be the Supervising Evaluator.

E) The
Improvement Plan shall define the problem(s) of practice identified through the
observations and evaluation and detail the improvement goals to be met, the
activities the Educator must take to improve and the assistance to be provided
to the Educator by the district.

F) The
Improvement Plan process shall include:

i) Within 10
school days of notification to the Educator that the Educator is being placed
on an Improvement Plan, the Evaluator shall schedule a meeting with the
Educator to discuss the Improvement Plan, which will include the provision of
specific assistance to the Educator.

ii) The
Educator may request that a representative of the Association attend the
meeting(s).

iii) If the
Educator consents, The Association shall be informed that the Educator has been
placed on an Improvement Plan.

G) The
Improvement Plan shall:

i) Define the
improvement goals directly related to the performance standard(s) and/or
student learning outcomes that must be improved;

ii) Describe
the activities and work products the Educator must complete as a means of
improving performance;

iii) Describe the
assistance that the district will make available to the Educator;

iv) Articulate
the measurable outcomes that will be accepted as evidence of improvement;

v) Detail the
timeline for completion of each component of the Plan, including at a minimum a
mid-cycle formative assessment report of the relevant standard(s) and
indicator(s);

vi) Identify the
individuals assigned to assist the Educator which must include minimally the
Supervising Evaluator; and,

vii) Include the
signatures of the Educator and Supervising Evaluator.

H) A copy of
the approved Plan shall be provided to the Educator. The Educator must sign the
plan.

I)
Decision on the Educator's status at the conclusion of the Improvement Plan.

i) All
determinations below must be made no later than June 1. One of three decisions
must be made at the conclusion of the Improvement Plan:

(a) If the
Evaluator determines that the Educator has improved his/her practice to the
level of proficiency, the Educator will be placed on a Self-Directed Growth
Plan.

(b) In those cases
where the Educator was placed on an Improvement Plan as a result of his
summative rating at the end of his/her Directed Growth Plan, if the
Evaluator determines that the Educator is making substantial progress toward
proficiency, the Evaluator shall place the Educator on a Directed Growth Plan.

(c) In those
cases where the Educator was placed on an Improvement Plan as a result of
his/her summative rating at the end of his/her Directed Growth Plan, if the
Evaluator determines that the Educator is not making substantial progress
toward proficiency, the Evaluator recommend to the superintendent that the
Educator be dismissed.

(d) If the
Evaluator determines that the Educators practice remains at the level of
unsatisfactory, the Evaluator shall recommend to the Superintendent that the
Educator be dismissed.

20) Timelines
(Dates in italics are provided as guidance)

Activity:

Completed By:

Superintendent,
principal or designee meets with evaluators and educators to explain
evaluation process.

Evaluator meets
with Educators whose rating are proficient or exemplary at request of
Evaluator or Educator

June 10

Educator signs
summative Evaluation Report and adds response, if any, within 5 school days
of receipt

June 15

21) Career
Advancement

A) In order
to attain Professional Teacher Status, the Educator should achieve ratings of
proficient or exemplary on each Performance Standard and overall. A principal
considering making an employment decision that would lead to PTS for any
Educator who has not been rated proficient or exemplary on each performance
standard and overall on the most recent evaluation shall confer with the
superintendent by May 1. The principal's decision is subject to review and
approval by the superintendent.

22) Rating Impact
on Student Learning Growth

The Rating Impact
on Student Learning Growth based on District-determined measures of student
learning, growth and achievement will be discussed pursuant to ESE guidance.

23) Using Student
Feedback in Educator Evaluation

Using Student
feedback in Educator Evaluation is to be discussed pursuant to ESE guidance.

24) Using Staff
Feedback in Administrator Evaluation

Using Staff
feedback in Administrator Evaluations is to be discussed pursuant to ESE
guidance.

25) Transition
from Existing Evaluation System See page 1.

26) General
Provisions

A)
Violations of this article are subject to the grievance and arbitration procedures.
The arbitrator shall determine whether there was substantial compliance with
the totality of the evaluation process. When the evaluation process results in
the termination or non-renewal of an Educator, then no financial remedy or
reinstatement shall issue if there was substantial compliance.

Overview of Forms

The forms included
in this Appendix are suggested templates, provided as tools to support
educators and evaluators as they implement the new educator evaluation
framework. For ail of these forms, additional-pages may be attached as needed.

 Educator
Tracking Sheet. This form is intended to be used to track the completion of
each step throughout the educator's evaluation process. It will be completed by
the educator in conjunction with his/her primary (and possibly supervising)
evaluator.

 Self-Assessment
Form. This form is intended to be used in support of Step 1: Self-Assessment,
the educator's initial step of the cycle. The form can be used by individuals
or teams; however, each individual will need to submit a self-assessment.
Evaluators sign the form to indicate receipt. The form includes sections for
the educator to complete an analysis of student learning, growth, and
achievement and an assessment of practice against performance standards.
Submission of this form will be noted and initialed on the Educator Tracking
Sheet.

 Goal Setting
Form. This form is intended to be used in support of Step 1: Self-Assessment
and Step 2: Goal Setting and Plan Development. Individuals and teams may use
this form to propose goals (a minimum of one student learning goal and one
professional practice goal). The form should initially be submitted with the
Self-Assessment Form with the box "Proposed Goals" checked. If the
goals are approved as written, the evaluator will check the box "Final
Goals" and include a copy of the form with the Educator Plan Form. If the
goals undergo further refinement, edits may be made to the original, or the
form may be rewritten. If the form is redone, the new form should have the box
"Final Goals" checked and should then be attached to the Educator
Plan Form. Submission of this form will be noted and initialed on the Educator
Tracking Sheet.

 Educator
Plan Form. This form is intended to be used in support of Step 2: Goal Setting
and Plan Development. It will either be completed by the educator for a Self^Directed
Growth Plan, by the educator and the evaluator together for a Directed
Growth Plan and a Developing Educator Plan, and by the evaluator for
an Improvement Plan. Completion and/or submission of this form will be
noted and initialed on the Educator Tracking Sheet.

 Evaluator
Record of Evidence Form. This form is intended to be used by the evaluator in
gathering evidence of an educator's practice during Step 3: Implementation of
the Plan. It will be completed by the evaluator and may be reviewed by the educator
at any time.

 Educator
Collection of Evidence Form, This form is intended to be used to support the
educator in collecting evidence of his/her practice. It will be completed by
the educator and shared with the evaluator prior to Formative Assessment/Evaluation
and Summative

 Formative
Assessment Report Form. This form is intended to be used in support of an
educator's formative assessment (Step 4) at the mid-point of the evaluation
cycle, at minimum; it can be used multiple times as Formative Assessment can be
ongoing. It will be completed by the evaluator. Evaluators are not
required to assess both progress toward goals and performance on Standards;
they will check off whether they are evaluating "Progress toward Attaining
Goals," "Performance on each Standard," or both. Evaluators will
provide a brief narrative of progress that includes feedback for improvement.
Educators sign off to indicate that they have received a copy of the report and
may use the Educator Response Form to provide a written response. Completion of
this form will be noted and initialed on the Educator Tracking Sheet.

 Formative
Evaluation Report Form. This form is intended to be used in support of an
educator's formative evaluation at the end of year one of a two-year Self-Directed
Growtti Plan. It will be completed by the evaluator. Evaluators are not
required to assess both progress toward goals and performance on Standards;
they will check off whether they are evaluating "Progress toward Attaining
Goals," "Performance on each Standard," or both. Evaluators will
provide a brief narrative of progress that includes feedback for improvement.
At the point of Formative Evaluation, the overall rating is assumed to be the
same as the prior summative evaluation unless evidence demonstrates a
significant change in performance leading to a change in Overall Rating and,
possibly, Educator Plan. If there is a change in rating, evaluators must
provide comments on each of the four Standards briefly describing why the
rating has changed, the evidence that led to a change in rating, and
offering feedback for Improvement (evaluators are encouraged to provide
comments even if there is no change to ensure that educators have a clear sense
of their progress and performance and receive feedback for improvement).
Educators sign off to indicate that they have received a copy of the report and
may use the Educator Response Form to provide a written response. Completion of
this form will be noted and initialed on the Educator Tracking Sheet.

 Summative
Evaluation Report Form. This form is intended to be used for Step 5: Summative
Evaluation. This form applies to all Educator Plans. It will be completed by
the evaluator. The evaluator must complete all sections, which are: "Attainment
of Student Learning Goal(s)," "Attainment of Professional Practice
Goal(s), "Rating on each Standard," "Overall Performance
Rating," and "Plan Moving Forward." Evaluators must provide
comments on the student learning goal(s), professional practice goal(s), each
of the four Standards, and the overall rating briefly describing the level of
attainment or performance rating, the evidence that led to the level of
attainment/rating, and offering feedback for Improvement Educators sign
off to indicate that they have received a copy of the report and may use the
Educator Response Form to provide a written response. Completion of this form
will-be noted and initialed on the Educator Tracking Sheet.

 Educator
Response Form. This form is intended to be used in support of the educator,
should he/she want to have a formal response to any part of the evaluation
process kept on record. It will be completed by the educator; the evaluator
will sign to acknowledge receipt. If the form is submitted in response to the
Formative Assessment/Evaluation or to the Summative Evaluation, receipt of the
response will also be noted and initialed on the Educator Tracking Sheet.

1 As
per the Massachusetts Model System for Educator Evaluation Contract Language,
evaluation conferences are required for ratings of Needs Improvement and
Unsatisfactory but conferences may be requested by either the educator or
evaluator for any Educator Plan. The conference may occur before or after the
Report is completed; the sequence in the above table does not denote required
chronological order.

2
Formative Evaluation only occurs at the end of the first year of a two-year
Self-Directed Growth Plan.

3 The
educators formative evaluation rating at the end of the first year of the
two-year cycle shall be the same as the previous summative rating unless
evidence demonstrates a significant change in performance. In such a case, the
rating on the formative evaluation may change. Assigning ratings is optional
during Formative Assessment.

4 An
educator may provide written comments to the evaluator at any time using the
Educator Response Form but 603 CMR 35.06 ensures that educators have an
opportunity to respond to the Formative Assessment, Formative Evaluation, and
Summative Evaluation in writing.

Briefly
summarize areas of strength and high-priority concerns for students under your
responsibility for the upcoming school year. Cite evidence such as results
from available assessments. This form should be individually submitted by
educator, but Part 1 can also be used by individuals and/or teams who jointly
review and analyze student data.

Citing your
districts performance rubric, briefly summarize areas of strength and
high-priority areas for growth. Areas may target specific Standards,
Indicators, or Elements, or span multiple Indicators or Elements within or
across Standards. The form should be individually submitted by educator, but
Part 2 can also be used by teams in preparation for proposing team goals.

A minimum of one
student learning goal and one professional practice goal are required. Team
goals must be considered per 603 CMR 35.06(3)(b). Attach pages as needed for
additional goals or revisions made to proposed goals during the development of
the Educator Plan.

Student Learning
SMART Goal

Professional
Practice SMART Goal

Check whether
goal is individual or team; write team name if applicable.

Check whether
goal is individual or team; write team name if applicable.

1 If
proposed goals change during Plan Development, edits may be recorded directly
on original sheet or revised goal may be recorded on a new sheet. If proposed
goals are approved as written, a separate sheet is not required

Describe
actions the educator will take to attain the professional practice goal(s).
Activities may apply to individual and/or team. Attach additional pages as
needed.

Action

Supports/Resources
from School/District1

Timeline or
Frequency

_____________________________

________________________

________________________

_____________________________

_________________________

________________________

_____________________________

________________________

________________________

_____________________________

________________________

________________________

_____________________________

________________________

________________________

_____________________________

________________________

________________________

_____________________________

________________________

________________________

This Educator Plan
is designed to provide educators with feedback for improvement, professional growth,
and leadership, is aligned to statewide Standards and Indicators in 603 CMR
35.00 and local Performance Standards, and is consistent with district and
school goals. (see 603 CMR 35.06 (3)(d) and 603 CMR 35.06(3)(f).)

* As the evaluator
retains final authority over goals to be included in an educators plan (see
603 CMR 35.06(3)(c)), the signature of the educator indicates that he or she
has received the Goal Setting Form with the Final Goal box checked,
indicating the evaluators approval of the goals. The educators signature does
not necessarily denote agreement with the goals. Regardless of agreement with
the final goals, signature indicates recognition that It is the educators
responsibility to attain the goals in the plan and to participate in any
trainings and professional development provided through the state, district, or
other providers in accordance with the Educator Plan. (see 603 CMR 35.06(4))

Record notes
"based on observations and artifacts of professional practice, including
unannounced observations of practice of any duration or other forms of
evidence to support determining ratings on Standards as per 603 CMR 35.07

Briefly
record feedback given to educator (e.g., strengths recognized, suggestions
for improvement)

EX: 11/8/11

EX: unit plans,
benchmark data

EX: I-B

EX: unit plans
were appropriately modified after analysis of benchmark data to better
reflect student performance at mid-point of semester

1 Per
603 CMR 35.07(1)(c)1, Evidence compiled and presented by the educator
includes]: 1. Evidence of fulfillment of professional responsibilities and
growth, such as: self-assessments; peer collaboration; professional development
linked to goals and or educator plans; contributions to the school community
and professional culture; 2. Evidence of active outreach to and ongoing
engagement with families. However, educator collection of evidence is not
limited to these areas.

* Signature of
the educator indicates acknowledgement of this report; it does not necessarily
denote agreement with the contents of the report. Educators have the
opportunity to respond to this report in writing and may use the Educator
Report Form.

* For educators on two-year Self-Directed Growth Plans at
the end of Year One of the cycle Educator

* Signature of the
educator indicates acknowledgement of this report; it does not necessarily
denote agreement with the contents of the report. Educators have the
opportunity to respond to this report in writing and may use the Educator
Report Form.

* Signature of the
educator indicates acknowledgement of this report; it does not necessarily
denote agreement with the contents of the report. Educators have the
opportunity to respond to this report in writing and may use the Educator
Report Form.

Rubrics - defined
in the regulations as scoring tool[s] that describe characteristics of
practice or artifacts at different levels of performance (603 CMR 35.02) - are
a critical component of the Massachusetts educator evaluation framework and are
required for every educator. Rubrics are designed to help educators and
evaluators (1) develop a consistent, shared understanding of what proficient
performance looks like in practice, (2) develop a common terminology and
structure to organize evidence, and (3) make informed professional judgments
about formative and summative performance ratings on each Standard and overall.
This appendix contains the ESE Model Teacher Rubric.

Structure of the Teacher Rubric

 Standards:
Standards are the broad categories of knowledge, skills, and performance of
effective practice detailed in the regulations. There are four Standards for
teachers: Curriculum, Planning, and Assessment; Teaching All Students;
Family and Community Engagement; and Professional Culture.

 Indicators:
Indicators, also detailed in the regulations, describe specific knowledge,
skills, and performance for each Standard. For example, there are three
Indicators in Standard I of the teacher rubric: Curriculum and Planning;
Assessment; and Analysis.

 Elements: The
elements are more specific descriptions of actions and behaviors related to
each Indicator. The elements further break down the Indicators into more
specific aspects of educator practice and provide an opportunity for evaluators
to offer detailed feedback that serves as a roadmap for improvement.

 Descriptors:
Performance descriptors are observable and measurable statements of educator
actions and behaviors aligned to each element and serve as the basis for
identifying the level of teaching or administrative performance in one of four
categories: Unsatisfactory, Needs Improvement, Proficient, or Exemplary.

Use of the Teacher
Rubric

This rubric
describes teaching practice. It is intended to be used throughout the 5 step
evaluation cycle for all teachers, including teachers of whole classrooms,
small groups, individual students, or any combination of the above. The rubric
is designed to be applicable to general education teachers from pre-K through
Advanced Placement, as well as teachers with specialized classes or knowledge,
including teachers of English Language Learners, and special education
teachers; districts may also choose to use this rubric for educators in other
roles such as specialists.

Teacher Rubric At-A-Glance

The
responsibilities of teachers to whom this rubric will be applied may vary. ESE
encourages educators and evaluators to use the rubric strategically by
discussing and agreeing upon certain Indicators and Elements that should be
high priorities according to that educators role and responsibilities as well
as his/her professional practice and student learning needs. There are a
variety of ways to emphasize these components throughout the evaluation cycle.
For example, high priority Indicators and/or elements can be analyzed in
greater depth during self-assessment, targeted during goal setting, a focus for
more comprehensive evidence collection, or all of the above. However, the
expectation is that by the end of the evaluation cycle, educators and
evaluators have gathered and shared a reasonable amount of evidence on every
Indicator to support a rating for each Standard.

Standard I:

Standard II:

Standard III

Standard IV:

Curriculum,
Planning, and Assessment

Teaching All
Students

Family and
Community Engagement

Professional
Culture

A. Curriculum
and Planning Indicator

A. Instruction
Indicator

A. Engagement
Indicator

A. Reflection
Indicator

1. Subject
Matter Knowledge

1. Quality of
Effort and Work

1. Parent/Family
Engagement

1. Reflective
Practice

2. Child and
Adolescent Development

2. Student
Engagement

2. Goal Setting

3. Rigorous
Standards-Based Unit Design

3. Meeting
Diverse Needs

4.
Well-Structured Lessons

B. Assessment
Indicator

B. Learning
Environment Indicator

B. Collaboration
Indicator

B. Professional
Growth Indicator

1. Variety of
Assessment Methods

1. Safe Learning
Environment

1. Learning
Expectations

1. Professional
Learning and Growth

2. Adjustments
to Practice

2. Collaborative
Learning Environment

2. Curriculum
Support

3. Student Motivation

C. Analysis
Indicator

C. Cultural
Proficiency Indicator

C. Communication
Indicator

C. Collaboration
Indicator

1. Analysis and
Conclusions

1. Respects
Differences

1. Two-Way
Communication

1. Professional
Collaboration

2. Sharing
Conclusions With Colleagues

2. Maintains
Respectful Environment

2. Culturally
Proficient Communication

3. Sharing
Conclusions With Students

D. Expectations
Indicator

D.
Decision-Making Indicator

1. Clear
Expectations

1. Decision-making

2. High
Expectations

3. Access to
Knowledge

E. Shared
Responsibility Indicator

1. Shared
Responsibility

F. Professional
Responsibilities Indicator

1. Judgment

2. Reliability
and Responsibility

How to
reference parts of the rubric:

Indicator
terminology: under the Teaching All Students Standard (II), the Instruction
Indicator (A) can be referred to as Indicator II-A

Element
terminology: under the Instruction Indicator (A), the Student Engagement
Element (2) can be referred to as Element II-A-2

Standard I:
Curriculum, Planning, and Assessment. The teacher promotes the learning and
growth of all students by providing high-quality and coherent instruction,
designing and administering authentic and meaningful student assessments,
analyzing student performance and growth data, using this data to improve
instruction, providing students with constructive feedback on an ongoing basis,
and continuously refining learning objectives.

Indicator I-A.
Curriculum and Planning: Knows the subject matter well, has a good grasp of
child development and how students learn, and designs effective and rigorous
standards-based units of instruction consisting of well-structured lessons with
measurable outcomes.

I-A. Elements

Unsatisfactory

Needs
Improvement

Proficient

Exemplary

I-A-1. Subject Matter
Knowledge

Demonstrates
limited knowledge of the subject matter and/or its pedagogy; relies heavily
on textbooks or resources for development of the factual content. Rarely
engages students in learning experiences focused on complex knowledge or
skills in the subject.

Demonstrates
factual knowledge of subject matter and the pedagogy it requires by sometimes
engaging students in learning experiences around complex knowledge and skills
in the subject.

Demonstrates
sound knowledge and understanding of the subject matter and the pedagogy it
requires by consistently engaging students in learning experiences that
enable them to acquire complex knowledge and skills in the subject.

Demonstrates
expertise in subject matter and the pedagogy it requires by engaging all
students in learning experiences that enable them to synthesize complex
knowledge and skills in the subject. Is able to model this element.

I-A-2. Child and
Adolescent Development

Demonstrates
little or no knowledge of developmental levels of students this age or
differences in how students learn. Typically develops one learning experience
for all students that does not enable most students to meet the intended
outcomes.

Demonstrates
knowledge of developmental levels of students this age but does not identify
developmental levels and ways of learning among the students in the class
and/or develops learning experiences that enable some, but not all, students
to move toward meeting intended outcomes.

Demonstrates
knowledge of the developmental levels of students in the classroom and the
different ways these students learn by providing differentiated learning
experiences that enable all students to progress toward meeting intended
outcomes.

Demonstrates expert
knowledge of the developmental levels of the teachers own students and
students in this grade or subject more generally and uses this knowledge to
differentiate and expand learning experiences that enable all students to
make significant progress toward meeting stated outcomes. Is able to model
this element.

I-A-3. Rigorous Standards-Based
Unit Design

Plans individual
lessons rather than units of instruction, or designs units of instruction
that are not aligned with state standards/ local curricula, lack measurable
outcomes, and/or include tasks that mostly rely on lower level thinking
skills.

Designs units of
instruction that address some knowledge and skills defined in state
standards/local curricula, but some student outcomes are poorly defined and/or
tasks rarely require higher-order thinking skills.

Designs units of
instruction with measurable outcomes and challenging tasks requiring
higher-order thinking skills that enable students to learn the knowledge and
skills defined in state standards/local curricula.

Designs
integrated units of instruction with measurable, accessible outcomes and
challenging tasks requiring higher-order thinking skills that enable students
to learn and apply the knowledge and skills defined in state standards/local
curricula. Is able to model this element.

I-A-4. Well-Structured
Lessons

Develops lessons
with inappropriate student engagement strategies, pacing, sequence,
activities, materials, resources, and/or grouping for the intended outcome or
for the students in the class.

Designs and
administers a variety of informal and formal methods and assessments,
including common interim assessments, to measure each students learning,
growth, and progress toward achieving state/local standards.

Uses an
integrated, comprehensive system of informal and formal assessments,
including common interim assessments, to measure student learning, growth,
and progress toward achieving state/local standards. Is able to model this
element.

I-B-2. Adjustment
to Practice

Makes few
adjustments to practice based on formal and informal assessments.

May organize and
analyze some assessment results but only occasionally adjusts practice or
modifies future instruction based on the findings.

Organizes and
analyzes results from a variety of assessments to determine progress toward
intended outcomes and uses these findings to adjust practice and identify
and/or implement appropriate differentiated interventions and enhancements
for students.

Organizes and
analyzes results from a comprehensive system of assessments to determine progress
toward intended outcomes and frequently uses these findings to adjust
practice and identify and/or implement appropriate differentiated
interventions and enhancements for individuals and groups of students and
appropriate modifications of lessons and units. Is able to model this
element.

Does not draw
conclusions from student data beyond completing minimal requirements such as
grading for report cards.

Draws
conclusions from a limited analysis of student data to inform student grading
and promotion decisions.

Individually and
with colleagues, draws appropriate conclusions from a thorough analysis of a
wide range of assessment data to improve student learning.

Individually and
with colleagues, draws appropriate, actionable conclusions from a thorough
analysis of a wide range of assessment data that improve short-and long-term
instructional decisions. Is able to model this element.

Only
occasionally shares with colleagues conclusions about student progress and/or
only occasionally seeks feedback from them about practices that will support
improved student learning.

Regularly shares
with appropriate colleagues (e.g., general education, special education, and
English learner staff) conclusions about student progress and seeks feedback
from them about instructional or assessment practices that will support
improved student learning.

Establishes and
implements a schedule and plan for regularly sharing with all appropriate
colleagues conclusions and insights about student progress. Seeks and applies
feedback from them about practices that will support improved student
learning. Is able to model this element.

I-C-3. Sharing
Conclusions With Students

Provides little
or no feedback on student performance except through grades or report of task
completion, or provides inappropriate feedback that does not support students
to improve their performance.

Provides some
feedback about performance beyond grades but rarely shares strategies for
students to improve their performance toward objectives.

Based on
assessment results, provides descriptive feedback and engages students and
families in constructive conversation that focuses on how students can
improve their performance

Establishes
early, constructive feedback loops with students and families that create a
dialogue about performance, progress, and improvement. Is able to model this
element.

Standard II:
Teaching All Students. The teacher promotes the learning and growth of all
students through instructional practices that establish high expectations,
create a safe and effective classroom environment, and demonstrate cultural
proficiency.

Indicator II-A.
Instruction: Uses instructional practices that reflect high expectations
regarding content and quality of effort and work; engage all students; and are
personalized to accommodate diverse learning styles, needs, interests, and
levels of readiness.

II-A. Elements

Unsatisfactory

Needs
Improvement

Proficient

Exemplary

II-A-1. Quality
of Effort and Work

Establishes no
or low expectations around quality of work and effort and/or offers few
supports for students to produce quality work or effort.

May states high
expectations for quality and effort, but provides few exemplars and rubrics,
limited guided practice, and/or few other supports to help students know what
is expected of them; may establish inappropriately low expectations for
quality and effort.

Consistently
defines high expectations for the quality of student work and the perseverance
and effort required to produce it; often provides exemplars, rubrics, and
guided practice.

Consistently
defines high expectations for quality work and effort and effectively
supports students to set high expectations for each other to persevere and
produce high-quality work. Is able to model this element.

May use some
appropriate practices to accommodate differences, but fails to address an
adequate range of differences.

Uses appropriate
practices, including tiered instruction and scaffolds, to accommodate
differences in learning styles, needs, interests, and levels of readiness,
including those of students with disabilities and English learners.

Uses a varied
repertoire of practices to create structured opportunities for each student
to meet or exceed state standards/local curriculum and behavioral
expectations. Is able to model this element.

Indicator II-B.
Learning Environment: Creates and maintains a safe and collaborative learning
environment that motivates students to take academic risks, challenge
themselves, and claim ownership of their learning.

II-B. Elements

Unsatisfactory

Needs
Improvement

Proficient

Exemplary

II-B-1. Safe
Learning Environment

Maintains a
physical environment that is unsafe or does not support student learning.
Uses inappropriate or ineffective rituals, routines, and/or responses to
reinforce positive behavior or respond to behaviors that interfere with
students learning.

May create and
maintain a safe physical environment but inconsistently maintains rituals,
routines, and responses needed to prevent and/or stop behaviors that
interfere with all students learning.

Uses rituals,
routines, and appropriate responses that create and maintain a safe physical
and intellectual environment where students take academic risks and most
behaviors that interfere with learning are prevented.

Uses rituals,
routines, and proactive responses that create and maintain a safe physical
and intellectual environment where students take academic risks and play an
active roleindividually and collectivelyin preventing behaviors that
interfere with learning. Is able to model this element.

II-B-2. Collaborative
Learning Environment

Makes little
effort to teach interpersonal, group, and communication skills or facilitate
student work in groups, or such attempts are ineffective.

Teaches some
interpersonal, group, and communication skills and provides some opportunities
for students to work in groups.

Develops
students interpersonal, group, and communication skills and provides
opportunities for students to learn in groups with diverse peers.

Teaches and
reinforces interpersonal, group, and communication skills so that students
seek out their peers as resources. Is able to model this practice.

II-B-3. Student
Motivation

Directs all
learning experiences, providing few, if any, opportunities for students to
take academic risks or challenge themselves to learn.

Creates some
learning experiences that guide students to identify needs, ask for support,
and challenge themselves to take academic risks.

Consistently
creates learning experiences that guide students to identify their strengths,
interests, and needs; ask for support when appropriate; take academic risks;
and challenge themselves to learn.

Consistently
supports students to identify strengths, interests, and needs; ask for
support; take risks; challenge themselves; set learning goals; and monitor
their own progress. Models these skills for colleagues.

Establishes an
environment in which students demonstrate limited respect for individual
differences.

Establishes an
environment in which students generally demonstrate respect for individual
differences

Consistently
uses strategies and practices that are likely to enable students to
demonstrate respect for and affirm their own and others differences related
to background, identity, language, strengths, and challenges.

Establishes an
environment in which students respect and affirm their own and others
differences and are supported to share and explore differences and
similarities related to background, identity, language, strengths, and
challenges. Is able to model this practice.

II-C-2. Maintains
Respectful Environment

Minimizes or
ignores conflicts and/or responds in inappropriate ways.

Anticipates and
responds appropriately to some conflicts or misunderstandings but ignores
and/or minimizes others.

Anticipates and
responds appropriately to conflicts or misunderstandings arising from
differences in backgrounds, languages, and identities.

Anticipates and
responds appropriately to conflicts or misunderstandings arising from
differences in backgrounds, languages, and identities in ways that lead
students to be able to do the same independently. Is able to model this
practice.

Indicator II-D. Expectations: Plans
and implements lessons that set clear and high expectations and also make
knowledge accessible for all students.

II-D. Elements

Unsatisfactory

Needs
Improvement

Proficient

Exemplary

II-D-1. Clear
Expectations

Does not make
specific academic and behavior expectations clear to students.

May announce and
post classroom academic and behavior rules and consequences, but
inconsistently or ineffectively enforces them.

Clearly
communicates and consistently enforces specific standards for student work,
effort, and behavior so that most students are able to describe them and take
ownership of meeting them. Is able to model this element.

II-D-2. High
Expectations

Gives up on some
students or communicates that some cannot master challenging material.

May tell
students that the subject or assignment is challenging and that they need to
work hard but does little to counteract student misconceptions about innate
ability.

Effectively
models and reinforces ways that students can master challenging material
through effective effort, rather than having to depend on innate ability.

Effectively
models and reinforces ways that students can consistently master challenging
material through effective effort. Successfully challenges students
misconceptions about innate ability. Is able to model this element.

II-D-3. Access
to Knowledge

Rarely adapts
instruction, materials, and assessments to make challenging material
accessible to all students.

Occasionally
adapts instruction, materials, and assessments to make challenging material
accessible to all students.

Consistently
adapts instruction, materials, and assessments to make challenging material
accessible to all students, including English learners and students with
disabilities.

Individually and
with colleagues, consistently adapts instruction, materials, and assessments
to make challenging material accessible to all students, including English
learners and students with disabilities. Is able to model this element.

Standard III:
Family and Community Engagement. The teacher promotes the learning and growth of
all students through effective partnerships with families, caregivers,
community members, and organizations.

Indicator
III-A. Engagement: Welcomes and encourages every family to become
active participants in the classroom and school community.

III-A. Elements

Unsatisfactory

Needs
Improvement

Proficient

Exemplary

III-A-1.

Parent/Family
Engagement

Does not welcome
families to become participants in the classroom and school community or
actively discourages their participation.

Successfully
conveys to most parents student learning and behavior expectations. Is able
to model this element.

III-B-2. Curriculum
Support

Rarely, if ever,
communicates with parents on ways to support children at home or at school.

Sends home
occasional suggestions on how parents can support children at home or at
school.

Regularly
updates parents on curriculum throughout the year and suggests strategies for
supporting learning at school and home, including appropriate adaptation for
students with disabilities or limited English proficiency.

Successfully
prompts most families to use one or more of the strategies suggested for
supporting learning at school and home and seeks out evidence of their
impact. Is able to model this element.

Rarely
communicates with families except through report cards; rarely solicits or
responds promptly and carefully to communications from families.

Relies primarily
on newsletters and other one-way media and usually responds promptly to
communications from families.

Regularly uses
two-way communication with families about student performance and learning
and responds promptly and carefully to communications from families.

Regularly uses a
two-way system that supports frequent, proactive, and personalized
communication with families about student performance and learning. Is able
to model this element.

III-C-2. Culturally
Proficient Communication

Makes few
attempts to respond to different family cultural norms and/or responds
inappropriately or disrespectfully.

May communicate
respectfully and make efforts to take into account different families home
language, culture, and values, but does so inconsistently or does not
demonstrate understanding and sensitivity to the differences.

Always
communicates respectfully with families and demonstrates understanding of and
sensitivity to different families home language, culture, and values.

Always
communicates respectfully with families and demonstrates understanding and
appreciation of different families home language, culture, and values. Is
able to model this element.

Standard IV:
Professional Culture. The teacher promotes the learning and growth of all
students through ethical, culturally proficient, skilled, and collaborative
practice.

Indicator IV-A.
Reflection: Demonstrates the capacity to reflect on and improve the educators
own practice, using informal means as well as meetings with teams and work
groups to gather information, analyze data, examine issues, set meaningful
goals, and develop new approaches in order to improve teaching and learning.

IV-A. Elements

Unsatisfactory

Needs
Improvement

Proficient

Exemplary

IV-A-1. Reflective
Practice

Demonstrates
limited reflection on practice and/or use of insights gained to improve
practice.

May reflect on
the effectiveness of lessons/ units and interactions with students but not
with colleagues and/or rarely uses insights to improve practice.

Regularly
reflects on the effectiveness of lessons, units, and interactions with
students, both individually and with colleagues, and uses insights gained to
improve practice and student learning.

Regularly
reflects on the effectiveness of lessons, units, and interactions with
students, both individually and with colleagues; and uses and shares with
colleagues, insights gained to improve practice and student learning. Is able
to model this element.

IV-A-2. Goal
Setting

Generally, participates
passively in the goal-setting process and/or proposes goals that are vague or
easy to reach.

Proposes goals
that are sometimes vague or easy to achieve and/or bases goals on a limited
self-assessment and analysis of student learning data.

Proposes
challenging, measurable professional practice, team, and student learning
goals that are based on thorough self-assessment and analysis of student
learning data.

Individually and
with colleagues builds capacity to propose and monitor challenging, measurable
goals based on thorough self-assessment and analysis of student learning
data. Is able to model this element.

Indicator IV-B. Professional
Growth: Actively pursues professional development and learning opportunities to
improve quality of practice or build the expertise and experience to assume
different instructional and leadership roles.

IV-B. Elements

Unsatisfactory

Needs
Improvement

Proficient

Exemplary

IV-B-1. Professional
Learning and Growth

Participates in
few, if any, professional development and learning opportunities to improve
practice and/or applies little new learning to practice.

Participates
only in required professional development activities and/or inconsistently or
inappropriately applies new learning to improve practice.

Consistently
seeks out and applies, when appropriate, ideas for improving practice from
supervisors, colleagues, professional development activities, and other
resources to gain expertise and/or assume different instruction and
leadership responsibilities.

Consistently
seeks out professional development and learning opportunities that improve
practice and build expertise of self and other educators in instruction and
leadership. Is able to model this element.

Indicator
IV-C. Collaboration: Collaborates effectively with colleagues on a wide
range of tasks

Does not
consistently collaborate with colleagues in ways that support productive team
effort.

Consistently and
effectively collaborates with colleagues in such work as developing
standards-based units, examining student work, analyzing student performance,
and planning appropriate intervention.

Supports
colleagues to collaborate in areas such as developing standards-based units,
examining student work, analyzing student performance, and planning
appropriate intervention. Is able to model this element.

Indicator IV-D.
Decision-Making: Becomes involved in schoolwide decision making, and takes an
active role in school improvement planning.

IV-D. Elements

Unsatisfactory

Needs
Improvement

Proficient

Exemplary

IV-D-1. Decision-Making

Participates in
planning and decision making at the school, department, and/or grade level
only when asked and rarely contributes relevant ideas or expertise.

May participate
in planning and decision making at the school, department, and/or grade level
but rarely contributes relevant ideas or expertise.

Consistently
contributes relevant ideas and expertise to planning and decision making at
the school, department, and/or grade level.

I In planning
and decision-making at the school, department, and/or grade level,
consistently contributes ideas and expertise that are critical to school
improvement efforts. Is able to model this element.

Indicator IV-E. Shared
Responsibility: Shares responsibility for the performance of all students
within the school.

IV-E. Elements

Unsatisfactory

Needs
Improvement

Proficient

Exemplary

IV-E-1. Shared
Responsibility

Rarely
reinforces schoolwide behavior and learning expectations for all students
and/or makes a limited contribution to their learning by rarely sharing
responsibility for meeting their needs.

Within and
beyond the classroom, inconsistently reinforces schoolwide behavior and
learning expectations for all students, and/or makes a limited contribution
to their learning by inconsistently sharing responsibility for meeting their
needs.

Within and
beyond the classroom, consistently reinforces schoolwide behavior and
learning expectations for all students, and contributes to their learning by
sharing responsibility for meeting their needs.

Individually and
with colleaguesdevelops strategies and actions that contribute to the
learning and productive behavior of all students at the school. Is able to
model this element.

Indicator IV-F.
Professional Responsibilities: Is ethical and reliable, and meets routine responsibilities
consistently.

Rubrics - defined
in the regulations as scoring tool[s] that describe characteristics of
practice or artifacts at different levels of performance (603 CMR 35.02) - are
a critical component of the Massachusetts educator evaluation framework and are
required for every educator. Rubrics are designed to help educators and
evaluators (1) develop a consistent, shared understanding of what proficient
performance looks like in practice, (2) develop a common terminology and
structure to organize evidence, and (3) make informed professional judgments
about formative and summative performance ratings on each Standard and overall.
This appendix contains the ESE Model SISP Rubric.

Structure of the
Specialized Instructional Support Personnel (SISP) Rubric

 Standards:
Standards are the broad categories of knowledge, skills, and performance of
effective practice detailed in the regulations. There are four Standards for
teachers: Curriculum, Planning, and Assessment; Teaching All Students;
Family and Community Engagement; and Professional Culture.

 Indicators:
Indicators, also detailed in the regulations, describe specific knowledge,
skills, and performance for each Standard. For example, there are three
Indicators in Standard I of the SISP rubric: Curriculum and Planning;
Assessment; and Analysis.

 Elements: The
elements are more specific descriptions of actions and behaviors related to
each Indicator. The elements further break down the Indicators into more
specific aspects of educator practice and provide an opportunity for evaluators
to offer detailed feedback that serves as a roadmap for improvement.

 Descriptors:
Performance descriptors are observable and measurable statements of educator
actions and behaviors aligned to each element and serve as the basis for
identifying the level of teaching or administrative performance in one of four
categories: Unsatisfactory, Needs Improvement, Proficient, or Exemplary.

Use of the
Specialized Instructional Support Personnel (SISP) Rubric

This rubric
describes practice that is common across educators in professional support
roles such as school counselors, school psychologists, school nurses, and
others defined in the recognition clause of the appropriate collective
bargaining agreement. It is intended to be used throughout the 5 step
evaluation cycle for educators who provide direct services such as education, therapy,
counseling, assessment, and diagnosis to a caseload of students, as well as
educators who may provide indirect support to students through consultation to
and collaboration with teachers, administrators, and other colleagues.

The roles and
responsibilities of educators to whom this rubric will be applied will vary.
ESE encourages educators and evaluators to use the rubric strategically by
discussing and agreeing upon certain Indicators and Elements that should be
high priorities according to that educators role and responsibilities as well
as his/her professional practice and student learning needs. There are a
variety of ways to emphasize these components throughout the evaluation cycle.
For example, high priority Indicators and/or elements can be analyzed in
greater depth during self-assessment, targeted during goal setting, a focus for
more comprehensive evidence collection, or all of the above. However, the
expectation is that by the end of the evaluation cycle, educators and
evaluators have gathered and shared a reasonable amount of evidence on every
Indicator to support a rating for each Standard.

Specialized Instructional Support Personnel (SISP) Rubric
At-A-Glance

Standard I:

Standard II:

Standard III:

Standard IV:

Curriculum,
Planning, and

Assessment

Teaching All
Students

Family and
Community Engagement

Professional
Culture

A. Curriculum
and Planning Indicator

A. Instruction
Indicator

A. Engagement
Indicator

A. Reflection
Indicator

1. Professional
Knowledge

1. Quality of
Effort and Work

1. Parent/Family
Engagement

1. Reflective
Practice

2. Child and
Adolescent Development

2. Student
Engagement

2. Goal Setting

3. Plan
Development

3. Meeting
Diverse Needs

4.
Well-Structured Lessons

B. Assessment
Indicator

B. Learning
Environment Indicator

B. Collaboration
Indicator

B. Professional
Growth Indicator

1. Variety of
Assessment Methods

1. Safe Learning
Environment

1. Learning
Expectations

1. Professional
Learning and Growth

2. Adjustments
to Practice

2. Collaborative
Learning Environment

2. Student
Support

3. Student Motivation

C. Analysis
Indicator

C. Cultural
Proficiency Indicator

C. Communication
Indicator

C. Collaboration
Indicator

1. Analysis and
Conclusions

1. Respects
Differences

1. Two-Way
Communication

1. Professional
Collaboration

2. Sharing
Conclusions With Colleagues

2. Maintains
Respectful Environment

2. Culturally
Proficient Communication

2. Consultation

3. Sharing
Conclusions With Students and Families

D. Expectations
Indicator

D.
Decision-Making Indicator

1. Clear Expectations

1.
Decision-making

2. High Expectations

3. Access to
Knowledge

E. Shared
Responsibility Indicator

1. Shared
Responsibility

F. Professional
Responsibilities Indicator

1. Judgment

2. Reliability
and Responsibility

How to reference
parts of the rubric:

Indicator
terminology: under the Teaching All Students Standard (II), the Instruction
Indicator (A) can be referred to as Indicator II-A

Element
terminology: under the Instruction Indicator (A), the Student Engagement
Element (2) can be referred to as Element II-A-2

Standard I:
Curriculum, Planning, and Assessment. promotes the learning and growth of all
students by providing high-quality and coherent instruction, designing and
administering authentic and meaningful student assessments, analyzing student
performance and growth data, using this data to improve instruction, providing
students with constructive feedback on an ongoing basis, and continuously
refining learning objectives.

Indicator I-A.
Curriculum and Planning: Has strong knowledge specific to subject matter and/or
professional responsibility, has a good grasp of child development and how
students learn, and designs effective and rigorous plans for support consisting
of well-structured lessons with measurable outcomes.

I-A. Elements

Unsatisfactory

Needs
Improvement

Proficient

Exemplary

I-A-1. Professional
Knowledge

Demonstrates
limited professional knowledge; relies heavily on outdated practices as
opposed to current practices supported by research. Rarely engages students
in academic, behavioral, and social/emotional learning experiences through
the use of educational and/or clinical practices.

Demonstrates
factual knowledge of the professional content and delivery and sometimes
applies it to engage students in academic, behavioral, and social/emotional
learning experiences through the use of educational and/or clinical
practices.

Demonstrates
sound knowledge and understanding of professional content and delivery by consistently
engaging students in academic, behavioral, and social/emotional learning
experiences through the use of educational and/or clinical practices that
enable students to acquire knowledge and skills.

Demonstrates
mastery of professional content and its delivery by engaging all students in
academic, behavioral, and social/emotional learning experiences, through the
use of educational and/or clinical practices, that enable students to
synthesize knowledge and skills. Is able to model this element.

I-A-2. Child and
Adolescent Development

Demonstrates
little or no knowledge of child and adolescent development; typically
develops one learning experience, and/or type of support or assistance for
all students that does not adequately address intended outcomes.

Demonstrates
general knowledge of child and adolescent development but does not apply this
knowledge when providing differentiated learning experiences, support, and/or
assistance that would enable all studentsas opposed to just some to move
toward meeting intended outcomes.

Demonstrates
knowledge of students developmental levels and the different ways these
students learn or behave by providing differentiated learning experiences,
support, and/or assistance that enable all students to progress toward
meeting intended outcomes.

Demonstrates
expert knowledge of the developmental levels of individual students and
students in the grade or subject more generally and uses this knowledge to
differentiate and expand learning experiences, supports, and/or types of
assistance, enabling all students to make significant progress toward meeting
stated outcomes. Is able to model this element.

1-A-3 Plan Development11

Develops or
contributes to the development of plans that are not timely and/or not
tailored to the needs of individual students; or, plans do not include
appropriate supports or measurable outcomes that would enable students to
meet the goals and objectives of the plan.

Develops or
contributes to the timely development of plans that respond to some but not
all relevant individual student needs, and/or plans that lack sufficient
measurable outcomes or supports that enable students to meet all goals and
objectives of the plan.

Develops or
contributes to the timely development of well-structured plans with
measurable outcomes that respond to all relevant individual student needs,
and include supports that enable students to meet the goals or objectives of
the plan.

Develops or
contributes to the timely development of comprehensive, well-structured plans
with measurable outcomes that respond to all relevant individual student
needs, are coordinated with other plans relevant to those students, and
include supports that enable students to meet all goals or objectives of the
plan. Is able to model this element.

Develops lessons
(which may include individual and group activities or sessions) with only
some elements of appropriate student engagement strategies, pacing, sequence,
activities, materials, resources, and grouping.

Develops
well-structured and highly engaging lessons (which may include individual and
group activities and sessions) with challenging, measurable objectives and
appropriate student engagement strategies, pacing, sequence, activities,
materials, resources, technologies, and grouping to attend to every students
needs. Is able to model this element.

11
Plan is used throughout this document to refer to a variety of plans,
including but not limited to: lesson plans, unit plans, Individualized
Education Programs (IEPs), Individualized Health Care Plans (IHCPs), Career
Plans, and 504 Plans. The type of plan that an educator is responsible for
depends on the educator being evaluated; both the educator and evaluator should
understand and agree upon the definition relevant to the educators role.

Administers
assessments and/or collects only the data required by the school and/or
measures only point-in-time student achievement or development.

May design and
administer assessments and/or collect some data to measure student learning,
growth, or development, but uses a limited range of methods.

Designs and
administers assessments and/or collects data to measure student learning,
growth, and/or development through a variety of methods, including informal
and formal assessments and common interim assessments where applicable.

Uses an
integrated, comprehensive assessment system, including informal and formal
assessment methods and common interim assessments where applicable, to
measure student learning, growth, and development. Is able to model this
element.

I-B-2. Adjustment
to Practice

Makes few
adjustments to practice by identifying and/or implementing appropriate
differentiated interventions, supports, and programs based on formal and
informal assessments.

May organize and
analyze some assessment results but only occasionally adjusts practice and
identifies and/or implements appropriate differentiated interventions,
supports, and programs for students.

Organizes and
analyzes results from a variety of assessments to determine progress toward
intended outcomes and uses these findings to adjust practice and identify
and/or implement appropriate differentiated interventions, supports, and
programs for students.

Organizes and
analyzes results from a comprehensive system of assessments to determine
progress toward intended outcomes and frequently uses these findings to
adjust practice and identify and/or implement appropriate differentiated
interventions, supports, or programs for individuals and groups of students
and appropriate modifications of plans. Is able to model this element.

Draws
conclusions from a limited analysis of data to inform student learning,
growth, and development.

Individually and
with colleagues, draws appropriate conclusions about programs, plans, and
practices from a thorough analysis of a wide range of data to improve student
learning, growth, and development.

Individually and
with colleagues, draws appropriate, actionable conclusions about programs,
plans, and practices from a thorough analysis of a wide range of data that
improve short-and long-term planning decisions. Is able to model this
element.

I-C-2. Sharing
Conclusions With Colleagues

Rarely shares
with colleagues conclusions about student progress and/or rarely seeks
feedback from them about practices that will support improved student
learning and/or development.

Only
occasionally shares with colleagues conclusions about student progress and/or
seeks feedback from them about practices that will support improved student
learning and/or development.

Regularly shares
with appropriate colleagues (e.g., classroom teachers, administrators, and
professional support personnel) conclusions about student progress and seeks
feedback from them about practices that will support improved student
learning and/or development.

Establishes and
implements a schedule and plan for regularly sharing with all appropriate
colleagues (e.g., classroom teachers, administrators, and professional
support personnel) conclusions and insights about student progress. Seeks and
applies feedback from them about practices that will support improved student
learning and/or development. Is able to model this element.

I-C-3. Sharing
Conclusions With Students and Families

Provides little
or no feedback on student growth or progress except through minimally
required reporting or provides inappropriate feedback that does not support
students to grow and improve.

Provides some
feedback about student growth or progress beyond required reports but rarely
shares strategies for students to grow and improve.

Based on
assessment results and/or other data, provides descriptive feedback and
engages students and families in constructive conversation that focuses on
student growth and improvement.

Establishes
early, constructive feedback loops with students and families that create a
dialogue about student growth, progress, and improvement. Is able to model
this element.

Standard II:
Teaching All Students. Promotes the learning and growth of all students through
instructional practices that establish high expectations, create a safe and
effective classroom environment, and demonstrate cultural proficiency.

Indicator II-A.
Instruction: Uses instructional and clinical practices that reflect high
expectations regarding content and quality of effort and work; engage all
students; and are personalized to accommodate diverse learning styles, needs,
interests, and levels of readiness.

II-A. Elements

Unsatisfactory

Needs
Improvement

Proficient

Exemplary

II-A-1. Quality
of Effort and Work

Establishes no
or low expectations for student work and behavior and/or offers few supports
to help students know what is expected of them.

May state high
expectations for student work and behavior, but provides few exemplars and
rubrics, or limited guided practice, and/or few other supports to help
students know what is expected of them.

Consistently
defines high expectations for student work and behavior, and the perseverance
and effort required to produce it; often provides exemplars, rubrics, or
guided practice, and/or models appropriate behaviors.

Consistently
defines high expectations for student work and behavior and effectively
supports students to set high expectations for each other to persevere and
produce high-quality work. Is able to model this element.

Consistently
uses instructional and clinical practices that are likely to motivate and
engage most students during the lesson, activity, or session.

Consistently
uses instructional and clinical practices that typically motivate and engage
most students during the lesson, activity, or session, and during independent
work. Is able to model this element.

May use some
appropriate practices and/or supports to accommodate differences, but fails
to address an adequate range of differences.

Uses appropriate
practices, including tiered instruction, scaffolds, and other supports, to
accommodate differences in learning styles, needs, interests, and levels of
readiness, including those of students with disabilities and English
learners.

Uses a varied
repertoire of practices and/or supports to create structured opportunities
for each student to meet or exceed expectations for growth and development.
Is able to model this element.

Indicator II-B. Learning
Environment: Creates and maintains a safe and collaborative learning
environment that motivates students to take academic risks, challenge
themselves, and claim ownership of their learning.

II-B. Elements

Unsatisfactory

Needs
Improvement

Proficient

Exemplary

II-B-1. Safe
Learning Environment

Maintains a
physical environment that is unsafe or does not support student learning.
Uses inappropriate or ineffective rituals, routines, and/or responses to
reinforce positive behavior or respond to behaviors that interfere with
students learning.

May create and
maintain a safe physical environment but inconsistently maintains rituals,
routines, and responses needed to prevent and/or stop behaviors that
interfere with all students learning.

Uses rituals,
routines, and appropriate responses that create and maintain a safe physical
and intellectual environment where students take academic risks and most
behaviors that interfere with learning are prevented.

Uses rituals,
routines, and proactive responses that create and maintain a safe physical
and intellectual environment where students take academic risks and play an
active roleindividually and collectivelyin preventing behaviors that
interfere with learning. Is able to model this element.

II-B-2. Collaborative
Learning Environment

Makes little
effort to teach interpersonal, group, and communication skills or facilitate
student work in groups, or such attempts are ineffective.

Teaches some
interpersonal, group, and communication skills and provides some
opportunities for students to work in groups.

Develops
students interpersonal, group, and communication skills and provides
opportunities for students to learn in groups with diverse peers.

Teaches and
reinforces interpersonal, group, and communication skills so that students
seek out their peers as resources. Is able to model this practice.

II-B-2. Student
Motivation

Directs all
learning experiences, providing few, if any, opportunities for students to
take risks or challenge themselves.

Creates some
learning experiences that guide students to identify needs, ask for support,
and challenge themselves to take risks.

Consistently
creates learning experiences that guide students to identify their strengths,
interests, and needs; ask for support when appropriate; take risks; and
challenge themselves to succeed.

Consistently
supports students to identify their strengths, interests, and needs; ask for
support; take risks; challenge themselves; set learning goals; and monitor
their own progress. Is able to model this element.

Establishes an
environment in which students demonstrate limited respect for individual
differences.

Establishes an
environment in which students generally demonstrate respect for individual
differences.

Consistently
uses strategies and practices that are likely to enable students to
demonstrate respect for and affirm their own and others differences related
to background, identity, language, strengths, and challenges.

Establishes an
environment in which students respect and affirm their own and others
differences and are supported to share and explore differences and
similarities related to background, identity, language, strengths, and
challenges. Is able to model this element.

II-C-2.

Maintains Respectful
Environment

Minimizes or
ignores conflicts and/or responds in inappropriate ways.

Anticipates and
responds appropriately to some conflicts or misunderstandings but ignores
and/or minimizes others.

Anticipates and
responds appropriately to conflicts or misunderstandings arising from
differences in backgrounds, languages, and identities.

Anticipates and
responds appropriately to conflicts or misunderstandings arising from
differences in backgrounds, languages, and identities in ways that lead
students to be able to do the same independently. Is able to model this
element.

Indicator II-D. Expectations: Plans
and implements lessons and/or supports that set clear and high expectations and
also make knowledge, information, and/or supports accessible for all students.

II-D. Elements

Unsatisfactory

Needs
Improvement

Proficient

Exemplary

II-D-1. Clear
Expectations

Does not make
specific standards for student work, effort, interactions, and behavior clear
to students.

Clearly
communicates and consistently enforces specific standards for student work,
effort, interactions, and behavior so that most students are able to describe
them and take ownership of meeting them. Is able to model this element.

II-D-2. High
Expectations

Gives up on some
students or communicates that some cannot accomplish challenging goals. .

May tell
students that a goal is challenging and that they need to work hard but does
not model ways students can accomplish the goal through effective effort. .

Effectively
models and reinforces ways that students can set and accomplish challenging
goals through effective effort, rather than having to depend on innate
ability.

Effectively
models and reinforces ways that students can consistently accomplish
challenging goals through effective effort. Successfully challenges students
misconceptions about innate ability. Is able to model this element.

II-D-3. Access
to Knowledge

Rarely adapts
instruction, services, plans, communication, and/or assessments to make curriculum/supports
accessible to all students for whom the educator has responsibility.

Occasionally
adapts instruction, services, plans, communication, and/or assessments to
make curriculum/supports accessible to all students for whom the educator has
responsibility.

Consistently
adapts instruction, services, plans, communication, and/or assessments to
make curriculum/ supports accessible to all students for whom the educator
has responsibility, including English learners and students with
disabilities.

Individually and
with colleagues, consistently adapts instruction, services, plans,
communication, and/or assessments to make curriculum/supports accessible to
all students for whom the educator has responsibility, including English
learners and students with disabilities. Is able to model this element.

Standard III:
Family and Community Engagement. Promotes the learning and growth of all
students through effective partnerships with families, caregivers, community
members, and organizations.

Indicator III-A.

Engagement:
Welcomes and encourages every family to become active participants in the
classroom and school community.

III-A. Elements

Unsatisfactory

Needs
Improvement

Proficient

Exemplary

III-A-1.

Parent/Family
Engagement

Does not welcome
families to become participants in the classroom and school community or
actively discourages their participation.

Successfully
conveys to most parents clear, user-friendly student learning, behavior, and
wellness expectations. Is able to model this element.

III-B-2. Student
Support

Rarely, if ever,
communicates with parents on ways to support learning and development at home
or at school.

Sends home
occasional suggestions on how parents can support learning and development at
home or at school.

Regularly
communicates with parents to create, share, and/or identify strategies for
supporting learning and development at school and home.

Regularly
communicates with parents to share and/or identify strategies for supporting
learning and development at school and home, successfully encourages most
families to use at least one of these strategies, and seeks out evidence of
their impact. Is able to model this element.

Relies primarily
on sharing general information and announcements with families through
one-way media and usually responds promptly to communications from families.

Regularly uses
two-way communication with families about student learning, behavior, and
wellness; responds promptly and carefully to communications from families.

Regularly uses a
two-way system that supports frequent, proactive, and personalized
communication with families about individual student learning, behavior, and
wellness. Is able to model this element.

III-C-2. Culturally
Proficient Communication

Makes few
attempts to respond to different family cultural norms and/or responds
inappropriately or disrespectfully.

May communicate
respectfully and make efforts to take into account different families home
language, culture, and values, but does so inconsistently or does not
demonstrate understanding and sensitivity to the differences.

Always
communicates respectfully with families and demonstrates understanding of and
sensitivity to different families home language, culture, and values.

Always
communicates respectfully with families and demonstrates understanding and
appreciation of different families home language, culture, and values. Is
able to model this element.

Standard IV:
Professional Culture. Promotes the learning and growth of all students through
ethical, culturally proficient, skilled, and collaborative practice.

Indicator IV-A .
Reflection: Demonstrates the capacity to reflect on and improve the educators
own practice, using informal means as well as meetings with teams and work
groups to gather information, analyze data, examine issues, set meaningful
goals, and develop new approaches in order to improve teaching and learning.

IV-A. Elements

Unsatisfactory

Needs
Improvement

Proficient

Exemplary

IV-A-1. Reflective
Practice

Demonstrates
limited reflection on practice and/or use of insights gained to improve
practice.

May reflect on
the effectiveness of instruction, supports, and interactions with students
but not with colleagues and/or rarely uses insights gained to improve
practice.

Regularly
reflects on the effectiveness of instruction, supports, and interactions with
students, both individually and with colleagues, and uses insights gained to
improve practice and student outcomes.

Regularly
reflects on the effectiveness of instruction, supports, and interactions with
students, both individually and with colleagues; and uses and shares with
colleagues insights gained to improve practice and student outcomes. Is able
to model this element.

IV-A-2. Goal
Setting

Participates
passively in the goal-setting process and/or proposes goals that are vague or
easy to reach.

Proposes one
goal that is vague or easy to achieve and/or bases goals on a limited
self-assessment and analysis of student data.

Proposes
challenging, measurable professional practice, team, and student learning
goals that are based on thorough self-assessment and analysis of student
data.

Individually and
with colleagues builds capacity to propose and monitor challenging,
measurable goals based on thorough self-assessment and analysis of student
data. Is able to model this element.

Indicator
IV-B. Professional Growth: Actively pursues professional development
and learning opportunities to improve quality of practice or build the
expertise and experience to assume different instructional and leadership
roles.

IV-B. Elements

Unsatisfactory

Needs
Improvement

Proficient

Exemplary

IV-B-1. Professional
Learning and Growth

Participates in
few, if any, professional development and learning opportunities to improve
practice and/or applies little new learning to practice.

Participates
only in required professional development and learning activities and/or
inconsistently or inappropriately applies new learning to improve practice.

Consistently
seeks out and applies, when appropriate, ideas for improving practice from
supervisors, colleagues, professional development activities, and other
resources to gain expertise and/or assume different instruction and
leadership responsibilities.

Consistently
seeks out professional development and learning opportunities that improve
practice and build expertise of self and other educators in instruction,
academic support, and leadership. Is able to model this element.

Indicator
IV-C. Collaboration: Collaborates effectively with colleagues on a
wide range of tasks.

Does not
consistently collaborate with colleagues in ways that support productive team
effort.

Consistently and
effectively collaborates with colleagues through shared planning and/or
informal conversation in such work as: analyzing student performance and
development and planning appropriate interventions at the classroom or school
level.

Facilitates
effective collaboration among colleagues through shared planning and/or
informal conversation in such work as analyzing student performance and
development and planning appropriate, comprehensive interventions at the
classroom and school level. Is able to model this element.

IV-C-2.
Consultation

Regularly
provides inappropriate advice; does not provide advice and expertise to
general education teachers or other colleagues unless prompted to do so;
and/or fails to offer advice when appropriate.

Provides advice
and expertise to support general education teachers and other colleagues to
create appropriate and effective academic, behavioral, and social/emotional
learning experiences for only some students for whom responsibility is
shared, or sometimes provides advice that is inappropriate or poorly customized.

Regularly
provides appropriate advice and expertise that is customized to support
general education teachers and other colleagues to create appropriate and
effective academic, behavioral, and social/emotional learning experiences for
students for whom responsibility is shared.

Utilizes a
variety of means to regularly provide advice and expertise that is customized
to support general education teachers and other colleagues to successfully
create appropriate and effective academic, behavioral, and social/emotional
learning experiences for students. Is able to model this element.

Indicator
IV-D. Decision-Making: Becomes involved in schoolwide decision making,
and takes an active role in school improvement planning.

IV-D. Elements

Unsatisfactory

Needs
Improvement

Proficient

Exemplary

IV-D-1. Decision-Making

Participates in
planning and decision making at the school, department, and/or grade level
only when asked and rarely contributes relevant ideas or expertise.

May participate
in planning and decision making at the school, department, and/or grade level
but rarely contributes relevant ideas or expertise.

Consistently
contributes relevant ideas and expertise to planning and decision making at
the school, department, and/or grade level.

In planning and
decision-making at the school, department, and/or grade level, consistently
contributes ideas and expertise that are critical to school improvement
efforts. Is able to model this element.

Indicator
IV-E. Shared Responsibility: Shares responsibility for the performance
of all students within the school.

IV-E. Elements

Unsatisfactory

Needs
Improvement

Proficient

Exemplary

IV-E-1. Shared
Responsibility

Rarely
reinforces schoolwide behavior and learning expectations for all students
and/or makes a limited contribution to their learning by rarely sharing
responsibility for meeting their needs.

Within and
beyond the classroom, inconsistently reinforces schoolwide behavior and
learning expectations for all students, and/or makes a limited contribution
to their learning by inconsistently sharing responsibility for meeting their
needs.

Within and
beyond the classroom, consistently reinforces school-wide behavior and
learning expectations for all students, and contributes to their learning by
sharing responsibility for meeting their needs.

Individually and
with colleagues, develops strategies and actions that contribute to the
learning and productive behavior of all students at the school. Is able to
model this element.

Indicator IV-F. Professional
Responsibilities: Is ethical and reliable, and meets routine responsibilities
consistently.

Note: A leave
request based on an employee's own serious health condition or the serious
health condition of an employee's spouse, child or parent must be accompanied
by a verifying medical certification from a physician.

I hereby
authorize The City of Gardner to contact my physician to verify the
reason for my requested leave or for any other information concerning my
requested family or medical leave.

I understand that
a failure to return to work at the end of my leave period may be
treated as a resignation unless an extension has been agreed upon and approved
in writing by The City of Gardner.

PMLA requires
covered employers to provide up to 12 weeks of unpaid, job-protected leave to
"eligible" employees for certain family and medical reasons.
Employees are eligible if they have worked for a covered

Reason For Taking
Leave:

Unpaid leave must
be granted for any of the following reasons:

 to care for
the employee's child after birth, or placement for adoption or foster care;

 to care for
the employee's spouse, son or daughter, or parent, who has a serious health
condition; or

 for a serious
health condition that makes the employee unable to perform the employee's job.

At the employee's
or employer's option, certain kinds of paid leave may be substituted for unpaid
leave.

Advance Notice and
Medical Certificatfdnw i

The employee may
be required to provide advance leave notice and medical certification. Taking
of leave may be denied if requirements arc not met.

 The employee
ordinarily must provide 3 days advance notice when the leave is
"foreseeable."

 An employer
may require medical certification to support a request for leave because of a
serious health condition, and may require second or third opinions (at the
employer's expense) and a fitness for duty report to return to work.

 Upon return from
FMLA leave, most employees must be restored to their original or equivalent
positions with equivalent pay, benefits, and other employment terms.

 The use of
FMLA leave cannot result in the loss of any employment benefit that accrued
prior to the start of an employee's leave.

Unlawful Acts0
By Employers:

FMLA makes it
Unlawful for any employer to:

employer for at
least one year, and for 1,250 hours the previous 12 months, and if there are at
least 50 employees within 75 miles.

 interfere with,
restrain, or deny the exercise of any right provided under FMLA:

 discharge or
discriminate against any person for opposing any practice made unlawful by FMLA
or for involvement in any proceeding under or relating to FMLA

Enforcement

 The U.S. Department
of Labor is authorized to investigate and resolve complaints of violations.

 An eligible
employee may bring a civil action against an employer for violations.

FMLA. does not
affect any Federal or State law prohibiting discrimination, or supersede any
State or local law or collective bargaining agreement which provides greater
family or medical leave rights.

Job Benefits, and
Protection: For additional
Information:

 For the
duration of FMLA leave, the employer must maintain the employee's health
coverage under any "group health plan." '

Contact the
nearest office of the Wage and Hour Division, listed in most telephone
directories under U.S. Government, Department of Labor.

______________________________________

Employment
Standards Administration WH publication 1420

Wage and Hour
Division

Washington, D.C.
20210

CITY OF GARDNER

Family or Medical Leave

Policy

The City of
Gardner (hereinafter "the City") grants Family or Medical Leave in
accordance with the terms of this policy. Without City permission, an employee
may not work for any other company during his or her Family or Medical leave of
absence from the City.

A. MEDICAL
LEAVE OF ABSENCE

1. Scope. This
type of leave permits an employee to take up to 12 weeks of leave in any given
12-month period.

2. Terms And
Conditions Of Leave.

a. Medical leaves
of absence are available only to employees who have been on the City payroll
for a period of 12 months and who have worked at least 1250 hours in the
preceding 12 months.

b. A medical leave
of absence will be granted to an employee upon request supported by a medical
certification indicating that the employee has a serious health condition.
Medical leaves are permitted only for periods of actual medically necessitated
absence. While on medical leave, the employee must regularly report to the City
concerning his or her medical status in accordance with the certification
provisions of this policy.

c. The City will
measure the 12-month period under this policy as a "rolling" 12
months measured backward from the date an employee uses any leave under this
policy. Therefore, leave taken under the medical leave provisions or the family
leave provisions of this policy within the 12 preceding months will reduce the
amount of leave entitlement under this provision.

d. If an employee
has accumulated vacation or other paid leave, the City requires the employee to
use paid leave concurrently, with the remainder of the leave period as unpaid
leave, if paid leave is exhausted.

B. FAMILY
LEAVE

1. Scope. A family
leave of absence for a definite period of time not to exceed 12 weeks in any
given 12-month period, maybe granted for the following reasons:

a. In order to
care for the employee's child born within the preceding 12 months. However,
such leave must be concluded within 12 months of the birth of the child.

b. In order for
the employee to secure the placement of a child with him or her through
adoption or foster care. Such leave also is available in order to care for a
child who has been placed with the employee through adoption or foster care,
but only within 12 months of the placement of the child with the employee.

c. In order to
care for the spouse, child or parent of the employee, if such spouse, child or
parent has a serious health condition.

2. Terms And
Conditions of Leave.

a. A family leave
of absence is available only to an employee who has been on the City's payroll
for 12 months and who has worked 1250 hours during the 12-month period
preceding the commencement of the leave.

b. The City will
measure the 12-month period under this policy as a "rolling" 12
months measured backward from the date an employee uses any leave under this
policy. Therefore, leave taken under the medical leave provisions or the family
leave provisions of this policy within the 12 preceding months will reduce the
amount of leave entitlement under this provision.

c. If an employee
has accumulated vacation or other paid leave, the City encourages the employee
to use paid leave concurrently, with the remainder of the leave period as
unpaid leave, if paid leave is exhausted.

d. A husband and
wife who are both employed by the City may be limited to a combined total of 12
weeks of leave during any 12-month period if the leave is taken for the birth
of the employees' child, for the placement of a child with the employees
through adoption or foster care, or to care for a parent with a serious health
condition.

C TERMS AND
DEFINITIONS

1. The term
"disability" as used in this policy means a physical or mental
impairment that substantially limits the employee in a major life activity.

2. The term
"serious health condition" means an illness, injury, impairment, or
physical or mental condition that involves (a) inpatient care in a hospital,
hospice, or residential medical care facility or (b) continuing treatment by a
health care provider as defined by the Department of Labor in the Family
Medical Leave Act.

D. NOTICE AND
CERTIFICATION

1. A request for
leave under this policy should be made by completing an application for medical
or family leave, which is available from your supervisor or the City Office of
Personnel. For any medical or family leave that is foreseeable (including
intermittent and reduced leave schedule), an employee must provide at least a
30-day advance written notice of the need and reasons for such leave. If a
30-day advance written notice is not practicable because of unforeseen
circumstances, notice must be given as soon as practicable. If an employee
fails to give timely advance notice when the need for leave is foreseeable the
City may deny the leave until 30 days after such notice is given.

2. To the extent
a paid leave of absence under workers' compensation can be considered
FMLA-qualifying, the City may count the leave of absence against the employee's
leave entitlement under this policy. However, in such a situation, the
provision in Sections A and B of this policy requiring substitution of
accumulated vacation or other paid leave is not applicable.

3. An employee who
requests leave (a) to care for his or her spouse, child, or parent, or (b)
because of his or her own serious health condition or disability must furnish
medical certification justifying the need for the leave. Medical certification
should be provided on the Physician Certification for Family or Medical Leave
Form given to the employee at the time he or she requests leave. This form must
be filled out in its entirety by the appropriate health care provider and
should be signed by the health care provider and the employee. When the need
for leave is foreseeable and at least 30 days' notice has been provided, the
employee must provide medical certification to the City prior to the time the
leave commences. However, when the need for leave is not foreseeable (i.e., the
employee is unable to give 30 days' notice), the employee must provide medical
certification to the City within 15 days of the request, or provide a
reasonable explanation for any delay. If the employee fails to provide the
required medical certification in a timely manner, the City may deny leave
until such certification is submitted.

4. Recertification
of the employ's or family member's medical condition may be required by the
City as often as every 30 days. At any time, if the employee requests an
extension of leave, the circumstances described by the original certification
have changed significantly, or the City receives information that casts doubt
upon the continuing validity of the original certification, the City may
require recertification of the employee's or family member's medical condition.

5. An employee on
leave may be required to periodically report on his or her intent to return to
work. If the employee gives unequivocal notice of intent not to return to work,
the employee's employment will be terminated and the employee's entitlement to
reinstatement and health benefits will cease.

6. Prior to being
reinstated to his or her job, an employee on medical leave must submit
certification that he or she is fit for duty and able to perform the essential
functions of his or her position.

E. INTERMITTENT
LEAVE AND REDUCED LEAVE SCHEDULE

1. An employee
may take leave intermittently or on a reduced schedule only where medically
necessary or where agreed to by the City.

2. If
intermittent leave or a reduced leave schedule is medically necessary as a
result of the employees own serious health condition or the serious health
condition of the employee's spouse, child, or parent, the employee is required
to provide certification from a health care provider of the medical necessity
of such leave.

F.
REINSTATEMENT

1. An employee
returning from a family leave or from a medical leave not exceeding 12 weeks is
entitled to reinstatement to his or her former position, if available, provided
the employee furnishes a fitness-for-duty certification. If the employee's
former position is not available, the employee will be reinstated to a position
with equivalent employment benefits, pay and other terms and conditions of
employment. Refusal of an offer to reinstatement will be treated as a voluntary
resignation. An employee returning from a family or medical leave of absence
exceeding 12 weeks will be restored to an available position for which he or
she is qualified. However, there is no guarantee of reinstatement for an
employee on leave of absence that exceeds 12 weeks.

TERMINATION

1. An employee who
does not return to work after remaining on medical leave for 12 weeks or on
family leave for 12 weeks is subject to termination. An individual
investigation will be conducted by the City in each such situation to determine
if some reasonable accommodation can be made without causing an undue hardship
to the City.

2. An employee who
does not return from a leave of absence within two business days of when the
leave expires or who does not provide a physician's note extending the leave
will be considered to have voluntarily resigned, absent extenuating
circumstances.

H. BENEFITS
WHILE ON LEAVE

1. An employee is
not paid during any period of absence covered by this policy (except to the
extent accrued paid leave is used concurrently during this unpaid leave). Furthermore,
no benefits except group health insurance will continue while an employee is on
any type of leave of absence, except to the extent such benefits are provided
to individuals on other types of leave in accordance with established City
policy. An employee on leave of absence shall continue to be covered for up to
12 weeks under the City's group health care plan. If an employee on leave under
this policy chooses not to continue group health coverage during the leave,
then upon return from leave, the employee will be reinstated to group health
coverage on the same terms as prior to having taken the leave.

2. If, without
reasonable explanation, an employee on leave fails to return to work after the
leave expires, the City may recover all health care premiums paid in order to
continue group health plan coverage for that employee.

3. To the extent
the City's group health care plan requires participants to pay some portion of
their health insurance premiums, an employee on leave under this policy who chooses
to continue his or her coverage under the City's group health plan must
continue to pay the employee share of premiums that is, the employee must pay
the same share of premiums for coverage that he or she would be required to pay
if not on leave, on the same due dates that would be applicable if he or she
were not on leave.

4. If payment of
the employee share of premiums is not received within 30 days of the due date,
the City reserves the right to cancel the employee's health insurance coverage.
At least 15 days prior to cancellation, the City will notify the employee in
writing that coverage will be cancelled on a specific date unless payment is
received by that date.

5.
Notwithstanding paragraph 2 of this section, if the City paid part or all of a
health care premium that was required to be paid by an employee on leave, the
City is entitled to recover the employee's share of such premium.

I acknowledge the
receipt of the City of Gardner's Policy and Procedures for Family or Medical
Leave. Name: ____________________________________ Department:
__________________

* The information
sought on this form relates only to the condition for which the employee is
taking FMLA leave.

The remainder of
this form is to be completed by an authorized health care provider in order to
verify the necessity of Family or Medical Leave as requested by the above
employee. Under the Family and Medical Leave law, an authorized health care
provider is:

 any health care
provider recognized by the employer or the employer's group health plan

 a doctor of
medicine or osteopathy authorized to practice medicine or surgery by the state
in which he or she practices

 podiatrists,
dentists, clinical psychologists, optometrists and chiropractors (limited to
manual manipulation for the spine to correct a subluxation found by X-ray to
exist) authorized to practice, and performing within the scope of their
practice, under state law

 nurse
practitioners, nurse-midwives and clinical social workers authorized to
practice, and performing within the scope of their practice, as defined under
state law, or

 Christian
Science practitioners listed with the First Church of Christ, Scientist in
Boston, MA.

The information
sought on this form relates only to the condition for which the employee is
taking FMLA leave. Please read the six definitions on page four before
completing this form.

After receiving
this completed form, the employer is not permitted to contact the health care
provider for additional information. A health care provider representing the
employer may contact the health care provider for clarification of information
contained on this form.

1. Page four
describes what is meant by a "serious health condition" under the
Family and Medical Leave Act. Does the patient's condition-qualify under any
of the categories described? If so, please check the applicable category.

 (1) 
(2)  (3)  (4)  (5) , (6) or None of the above

2. Describe the
medical facts which support your certification, including a brief statement as
to how the medical facts meet the criteria of one of these
categories:___________________________________

3. a. State the
approximate date the condition commenced and the probable duration of the
condition (and also the probable duration of the patient's present incapacity,
if different):_____________________

c. If the
condition is a chronic condition (Category #4) or pregnancy, state whether the
patient is presently incapacitated and the likely duration and frequency of
episodes of incapacity (see page 4):

4. a. If
additional treatments will be required for the condition, provide an estimate
of the probable number of such treatments._________________________________________________________________

b. If any of
these treatments will be provided by another provider of health services (e.g.,
physical therapist), please state the nature of the
treatments:_____________________________________

c. If a regimen
of continuing treatment by the patient is required under your supervision, provide
a general description of such regimen (e.g., prescription drugs, physical
therapy requiring special
equipment):______________________________________________________________

5. a. If
medical leave is required for the employee's absence from work because of the
employee's own condition (including absence due to pregnancy or .a chronic
condition), is the employee unable to perform work of any kind?

 Yes  No

b. If able to
perform some work, is the employee unable to perform any one or more of the
essential functions of the employee's job (the employee or the employer should
supply you with information about the essential job functions)?  Yes
 No

If yes, please use
the essential functions the employee is unable to perform:____________________

A "Serious
Health Condition" means an illness, injury, impairment, or physical or
medical condition that involves one of the following:

1. Hospital
Care

Inpatient care
(i.e. an overnight stay) in a hospital, hospice or residential medical
care facility, including any period of incapacity or subsequent treatment in
connection with or consequent to such inpatient care.

2. Absence Plus
Treatment

(a) A period of
incapacity of more than three consecutive calendar days (including any
subsequent treatment or period on incapacity relating to the same condition),
that also involves:

(1) Treatment
two or more times by a health care provider, by a nurse or physician's
assistant under direct supervision of a health care provider, or by a provider
of health care services (e.g., physical therapist) under  orders of, or on
referral by, a health care provider, or

(2) Treatment by
a health care provider on a least one occasion which results in a regimen of
continuing treatment under the supervision of the health care provider.

3. Pregnancy

Any period of
incapacity due to pregnancy, or for prenatal care.

4. Chronic
Conditions Requiring Treatments A chronic condition which:

(1) Requires
periodic visits for treatment by a health care provider, or by a nurse or
physician's assistant under direct supervision of a health care provider;

(2) Continues
over an extended period of tune (including recurring episodes of a sample
underlying condition); and

(3) May cause
episodic rather than a continuing period of incapacity (e.g., asthma, diabetes,
epilepsy, etc.).

5.
Permanent/Long-term Conditions Requiring Supervision

A period of
incapacity which is permanent or long-term due to a condition for which
treatment may not be effective. The employee or family member must be under
the continuing supervision of, but need not be receiving active treatment
by, a health care provider. Examples include Alzheimer's, a severe stroke, or
the terminal stages of a disease.

6. Multiple
Treatments (Non-Chronic Conditions)

Any period of
absence to receive multiple treatments (including any period of recovery
therefrom) by a health care provider or by a provider of health care services
under orders of, or on referral by, a health care provider, either for
restorative surgery after an accident or other injury, or for a condition that
would likely result in a period of incapacity of more than three consecutive
calendar days in the absence of medical intervention or treatment, or
treatment, such as cancer (chemotherapy, radiation, etc.) severe arthritis
(physical therapy), kidney disease (dialysis).

I understand that
my restoration to employment is subject to the following conditions:

1. As a
condition of restoration, each employee must provide a written certification
from his or her health care provider that the employee is able to resume
working.

2. Every attempt
will be made to restore the employee returning from leave to his or her
original position. If the employee's original position is unavailable, the
employee will be placed in an equivalent position with equivalent pay and
benefits.

Employee's
signature: ________________________________ Date:

I have examined
[employee] and can certify that she/he is frilly able to resume working.